Section 36 IT Act: Representations upon issuance of Digital Signature Certificate
Information Technology Act, 2000
Section 36 IT Act at a Glance
Section 36 IT Act lists eight matters a Certifying Authority must certify when issuing a Digital Signature Certificate. These cover legal compliance, publication and subscriber acceptance, a functioning key pair, accurate certificate information, and no known adverse material facts.
Section 36 IT Act Bare Act Text
36. Representations upon issuance of Digital Signature Certificate.
A Certifying Authority while issuing a Digital Signature Certificate shall certify that—
(a) it has complied with the provisions of this Act and the rules and regulations made thereunder;
(b) it has published the Digital Signature Certificate or otherwise made it available to such person relying on it and the subscriber has accepted it;
(c) the subscriber holds the private key corresponding to the public key, listed in the Digital Signature Certificate;
(ca) the subscriber holds a private key which is capable of creating a digital signature;
(cb) the public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the subscriber;
(d) the subscriber's public key and private key constitute a functioning key pair;
(e) the information contained in the Digital Signature Certificate is accurate; and
(f) it has no knowledge of any material fact, which if it had been included in the Digital Signature Certificate would adversely affect the reliability of the representations in clauses (a) to (d).
Amendments to this section
- Ins. by Act 10 of 2009, s. 18 (w.e.f. 27-10-2009).
Section 36 IT Act in Simple Words
Section 36 IT Act lists eight mandatory representations that a Certifying Authority must certify while issuing a Digital Signature Certificate. Under Section 36(a) IT Act, the Certifying Authority must certify that it has complied with the provisions of the IT Act and the rules and regulations made under the IT Act. Under Section 36(b) IT Act, the Certifying Authority must certify that it has published the Digital Signature Certificate or otherwise made it available to a person relying on it, and that the subscriber has accepted the certificate.
Four clauses concern the subscriber's keys. Under Section 36(c) IT Act, the Certifying Authority must certify that the subscriber holds the private key corresponding to the public key listed in the Digital Signature Certificate. Under Section 36(ca) IT Act, the subscriber must hold a private key capable of creating a digital signature, and under Section 36(cb) IT Act, the public key to be listed in the certificate must be usable to verify a digital signature affixed by that private key. Under Section 36(d) IT Act, the Certifying Authority must certify that the subscriber's public key and private key form a functioning key pair.
Under Section 36(e) IT Act, the Certifying Authority must certify that the information contained in the Digital Signature Certificate is accurate. Finally, under Section 36(f) IT Act, the Certifying Authority must certify that it has no knowledge of any material fact which, if included in the Digital Signature Certificate, would adversely affect the reliability of the representations in clauses (a) to (d).
Clauses (ca) and (cb) were inserted by Act 10 of 2009 with effect from 27 October 2009.
When Section 36 IT Act Applies
- The Certifying Authority certifies compliance with the IT Act and the rules and regulations made under the IT Act.
- The Digital Signature Certificate has been published or made available to any person relying on it, and the subscriber has accepted it.
- The subscriber holds the private key corresponding to the listed public key, and that private key is capable of creating a digital signature.
- The public key to be listed can verify a digital signature affixed by the subscriber's private key, and both keys form a functioning key pair.
- The information contained in the Digital Signature Certificate is accurate.
- The Certifying Authority has no knowledge of any material fact that, if included, would adversely affect the reliability of the representations in clauses (a) to (d).
Example of Section 36 IT Act
FAQs on Section 36 IT Act
What is Section 36 IT Act?▼
Section 36 IT Act sets out eight representations that a Certifying Authority must certify while issuing a Digital Signature Certificate. These cover compliance with the IT Act and its rules and regulations, publication and subscriber acceptance, a functioning private and public key pair, accuracy of certificate information, and absence of known adverse material facts.
Must the subscriber accept a Digital Signature Certificate under Section 36(b) IT Act?▼
Yes. Under Section 36(b) IT Act, the Certifying Authority must certify both that the Digital Signature Certificate has been published or otherwise made available to a person relying on it and that the subscriber has accepted it.
What must a Certifying Authority certify about the subscriber's keys under Section 36 IT Act?▼
That the public and private keys work together for creating and verifying digital signatures. Under clauses (c), (ca), (cb) and (d) of Section 36 IT Act, the Certifying Authority must certify that the subscriber holds the corresponding private key capable of creating a digital signature, that the listed public key can verify that signature, and that both keys constitute a functioning key pair.
Does Section 36(f) IT Act require a Certifying Authority to certify the absence of unknown facts?▼
No. Section 36(f) IT Act requires the Certifying Authority to certify that it has no knowledge of any material fact which, if included in the Digital Signature Certificate, would adversely affect the reliability of the representations in clauses (a) to (d).
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Sources: Bare Act Text, Information Technology Act, 2000 ·