Section 10 IT Act: Power to make rules by Central Government in respect of electronic signature

Information Technology Act, 2000

Section 10 IT Act at a Glance

Section 10 IT Act empowers the Central Government to make rules on electronic signatures under the IT Act. Those rules may prescribe signature types, affixing formats, signer identification, security controls for electronic records or payments, and matters giving signatures legal effect.

Section 10 IT Act Bare Act Text

10. Power to make rules by Central Government in respect of electronic signature.

The Central Government may, for the purposes of this Act, by rules, prescribe—

(a) the type of electronic signature;

(b) the manner and format in which the electronic signature shall be affixed;

(c) the manner or procedure which facilitates identification of the person affixing the electronic signature;

(d) control processes and procedures to ensure adequate integrity, security and confidentiality of electronic records or payments; and

(e) any other matter which is necessary to give legal effect to electronic signatures.

Amendments to this section
  • Subs. by Act 10 of 2009, s. 2, for "digital signature" (w.e.f. 27-10-2009).

Section 10 IT Act in Simple Words

Section 10 IT Act gives the Central Government the power to make rules (to prescribe means to lay down officially by rules) on electronic signatures for the purposes of the IT Act. Because Section 10 IT Act uses the word "may", this is an enabling power of the Central Government. Under Section 10(a) IT Act, the rules may specify the type of electronic signature. Under Section 10(b) IT Act, the rules may specify the manner and format in which the electronic signature is affixed (attached or applied). Under Section 10(c) IT Act, the rules may lay down the manner or procedure that helps identify the person affixing the electronic signature.

Section 10(d) IT Act allows the Central Government to prescribe control processes and procedures to ensure adequate integrity, security, and confidentiality of electronic records (a term defined in Section 2 IT Act) or payments. Section 10(e) IT Act allows the Central Government to prescribe rules on any other matter necessary to give legal effect to electronic signatures.

Act 10 of 2009 substituted "electronic signature" for "digital signature" in Section 10 IT Act with effect from 27 October 2009.

When Section 10 IT Act Applies

  • Under Section 10(a) IT Act, the Central Government may prescribe by rules the type of electronic signature.
  • Under Section 10(b) IT Act, the rules may prescribe the manner and format for affixing the electronic signature.
  • Under Section 10(c) IT Act, the rules may prescribe the manner or procedure to help identify the person affixing the electronic signature.
  • Under Section 10(d) IT Act, the rules may prescribe control processes and procedures for adequate integrity, security, and confidentiality of electronic records or payments.
  • Under Section 10(e) IT Act, the rules may prescribe any other matter needed to give legal effect to electronic signatures.

FAQs on Section 10 IT Act

What is Section 10 IT Act?▼

Section 10 IT Act empowers the Central Government to make rules on electronic signatures for the purposes of the IT Act. These rules may cover the type of signature, affixing manner and format, signer identification, security and confidentiality controls for electronic records or payments, and other matters needed for legal effect.

Which government has the power to make rules under Section 10 IT Act?▼

The Central Government. Section 10 IT Act vests the power to prescribe rules on electronic signatures in the Central Government for the purposes of the IT Act.

Do rules under Section 10 IT Act cover the security of electronic payments as well as electronic records?▼

Yes. Section 10(d) IT Act lets the Central Government prescribe control processes and procedures to ensure adequate integrity, security, and confidentiality of both electronic records and payments.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·