Information Technology Act Section 41 — Acceptance of Digital Signature Certificate

CHAPTER VIII DUTIES OF SUBSCRIBERS

Cyber Law

Summary

Sub-section (1) explains when a subscriber is considered to have accepted a Digital Signature Certificate. This happens if the subscriber publishes the certificate, allows someone else to publish it, or shows approval of the certificate in any other way. Publishing it to one or more people, or placing it in a repository, are examples of actions that count as acceptance.

Sub-section (2) states what the subscriber is certifying to anyone who reasonably relies on the information in the certificate once it is accepted. Under clause (a), the subscriber confirms that they hold the private key that matches the public key listed in the certificate, and that they are legally entitled to hold that private key. Under clause (b), the subscriber confirms that everything they told the Certifying Authority, and all material relevant to the certificate's information, is true. Under clause (c), the subscriber confirms that all information in the certificate that is within their own knowledge is true.

Official Text

(1) A subscriber shall be deemed to have accepted a Digital Signature Certificate if he publishes or authorises the publication of a Digital Signature Certificate–

(a) to one or more persons;

(b) in a repository; or otherwise demonstrates his approval of the Digital Signature Certificate in any manner.

(2) By accepting a Digital Signature Certificate the subscriber certifies to all who reasonably rely on the information contained in the Digital Signature Certificate that–

(a) the subscriber holds the private key corresponding to the public key listed in the Digital Signature Certificate and is entitled to hold the same;

(b) all representations made by the subscriber to the Certifying Authority and all material relevant to the information contained in the Digital Signature Certificate are true;

(c) all information in the Digital Signature Certificate that is within the knowledge of the subscriber is true.