Section 19 IT Act: Recognition of foreign Certifying Authorities
Information Technology Act, 2000
Section 19 IT Act at a Glance
Section 19 IT Act lets the Controller recognise a foreign Certifying Authority with prior Central Government approval and an Official Gazette notification. Recognition makes its electronic signature Certificates valid under the IT Act, and the Controller may revoke recognition for breaching conditions.
Section 19 IT Act Bare Act Text
19. Recognition of foreign Certifying Authorities.
(1) Subject to such conditions and restrictions as may be specified by regulations, the Controller may with the previous approval of the Central Government, and by notification in the Official Gazette, recognise any foreign Certifying Authority as a Certifying Authority for the purposes of this Act.
(2) Where any Certifying Authority is recognised under sub-section (1), the electronic signature Certificate issued by such Certifying Authority shall be valid for the purposes of this Act.
(3) The Controller may, if he is satisfied that any Certifying Authority has contravened any of the conditions and restrictions subject to which it was granted recognition under sub-section (1) he may, for reasons to be recorded in writing, by notification in the Official Gazette, revoke such recognition.
Amendments to this section
- Subs. by s. 2, ibid., for "digital signature" (w.e.f. 27-10-2009).
Section 19 IT Act in Simple Words
Section 19 IT Act governs how a foreign Certifying Authority can be recognised in India and when that recognition can be withdrawn. Under Section 19(1) IT Act, the Controller of Certifying Authorities may recognise any foreign Certifying Authority as a Certifying Authority for the purposes of the IT Act. Before granting recognition, the Controller must have the previous approval of the Central Government, must publish a notification in the Official Gazette (the government's official publication), and must make the recognition subject to the conditions and restrictions specified by regulations.
Section 19(2) IT Act states the legal effect of recognition. Once a foreign Certifying Authority is recognised under Section 19(1) IT Act, an electronic signature Certificate issued by that Certifying Authority is valid for the purposes of the IT Act, alongside domestic licences governed by Section 21 IT Act.
Section 19(3) IT Act empowers the Controller to withdraw recognition if a recognised Certifying Authority contravenes (violates) any of the conditions or restrictions attached to its recognition under Section 19(1) IT Act. If the Controller is satisfied that such a contravention has occurred, the Controller may revoke the recognition by recording the reasons in writing and publishing a notification in the Official Gazette.
When Section 19 IT Act Applies
- Conditions and restrictions specified by regulations governing recognition
- Previous approval of the Central Government before the Controller grants recognition
- Notification in the Official Gazette recognising the foreign Certifying Authority
- Validity under the IT Act of electronic signature Certificates issued by the recognised Certifying Authority
- Revocation of recognition by the Controller, with written reasons and Official Gazette notification, if satisfied that conditions or restrictions were contravened
Example of Section 19 IT Act
When Section 19 IT Act Does Not Apply
- Recognition under Section 19(1) IT Act cannot be granted by the Controller without the previous approval of the Central Government and a notification in the Official Gazette.
- Revocation under Section 19(3) IT Act applies only when the Controller is satisfied that the Certifying Authority contravened the conditions or restrictions of its recognition, records reasons in writing, and publishes a notification in the Official Gazette.
FAQs on Section 19 IT Act
What is Section 19 IT Act?▼
Section 19 IT Act empowers the Controller of Certifying Authorities, with the previous approval of the Central Government and by Official Gazette notification, to recognise a foreign Certifying Authority subject to regulatory conditions and restrictions. Section 19 IT Act makes electronic signature Certificates issued by a recognised foreign Certifying Authority valid under the IT Act and lets the Controller revoke recognition if conditions are violated.
Are electronic signature Certificates from a recognised foreign Certifying Authority valid in India?▼
Yes. Under Section 19(2) IT Act, once a foreign Certifying Authority is recognised under Section 19(1) IT Act, an electronic signature Certificate issued by that Certifying Authority is valid for the purposes of the IT Act.
Can the Controller recognise a foreign Certifying Authority without Central Government approval?▼
No. Section 19(1) IT Act requires the Controller to have the previous approval of the Central Government and to publish a notification in the Official Gazette.
When can the Controller revoke the recognition of a foreign Certifying Authority under Section 19 IT Act?▼
The Controller may revoke recognition under Section 19(3) IT Act if satisfied that the Certifying Authority has contravened any of the conditions or restrictions under which recognition was granted. To revoke recognition, the Controller must record reasons in writing and publish a notification in the Official Gazette.
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Sources: Bare Act Text, Information Technology Act, 2000 ·