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The digital signature is issued for authentication of any electronic record by a subscriber i.e. which typically contains the: owner’s public key by using an electronic method or procedure. It is important to understand the basic concepts relating to digital signature before going into details of provisions relating to a digital signature.
A Digital Signature Certificate (DSC) takes the concept of traditional paper-based signing and turns it into an electronic “fingerprint.”
The licensed Certifying Authority issues a Digital Signature Certificate. Certifying Authority is a person who has been granted the license to issue a Digital Signature Certificate. (Section 24 of the Indian IT Act 2000)
Section 36 of the Information Technology Act, provides that while issuing a digital signature certificate, a Certifying Authority shall certify that-
DSC is used for-
The digital signature is classified into 3 different classes-
The Section 37 of the Information Technology Act 2000[1], deals with the suspension of Digital Signature Certificate which provides that the Certifying Authority which has issued a DSC can suspend such certificate on a receipt of a request from the subscriber listed in the DSC or any person duly authorized to act on behalf of that subscriber.
It may be noted that the Certifying authority may suspend the DSC if it is of the opinion that such suspension is in public interest. However, the suspension of the Digital Signature Certificate shall not be for a period exceeding 15 days unless the subscriber has been given an opportunity of being heard in the manner. The Certifying Authority shall communicate the order of suspension to the subscriber.
On a request made by the subscriber or the person authorized by the subscriber, a certifying authority may revoke a Digital Signature Certificate issued by it. Additionally, there are certain conditions in which a DSC may be revoked i.e.-
Further, if the Certifying Authority believes that –
It may revoke the DSC.
The authority may revoke the Digital signature certificate and may communicate the same to the subscriber. However, it shall not be revoked unless an opportunity is given to the subscriber of being heard in the matter.
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