Information Technology Act Section 37 — Suspension of Digital Signature Certificate

CHAPTER VI REGULATION OF CERTIFYING AUTHORITIES

Cyber Law

Summary

Sub-section (1) sets out the general rule that the Certifying Authority which issued a Digital Signature Certificate may suspend it, but only in the situations described in sub-section (2) and in the two cases listed below.

Under clause (a) of sub-section (1), the Certifying Authority may suspend the certificate if it receives a request to do so from either the subscriber named in the certificate, or from any person who has been properly authorised to act on behalf of that subscriber.

Under clause (b) of sub-section (1), the Certifying Authority may also suspend the certificate if it forms the opinion that suspension is needed in the public interest.

Sub-section (2) places a limit on how long a suspension can last. A Digital Signature Certificate cannot be suspended for more than fifteen days unless the subscriber has first been given an opportunity to be heard on the matter.

Sub-section (3) requires that, once a Digital Signature Certificate is suspended under this section, the Certifying Authority must inform the subscriber about the suspension.

Official Text

(1) Subject to the provisions of sub-section (2), the Certifying Authority which has issued a Digital Signature Certificate may suspend such Digital Signature Certificate,–

(a) on receipt of a request to that effect from–

(i) the subscriber listed in the Digital Signature Certificate; or

(ii) any person duly authorised to act on behalf of that subscriber;

(b) if it is of opinion that the Digital Signature Certificate should be suspended in public interest.

(2) A Digital Signature Certificate shall not be suspended for a period exceeding fifteen days unless the subscriber has been given an opportunity of being heard in the matter.

(3) On suspension of a Digital Signature Certificate under this section, the Certifying Authority shall communicate the same to the subscriber.