Section 39 IT Act: Notice of suspension or revocation

Information Technology Act, 2000

Section 39 IT Act at a Glance

Section 39 IT Act requires a Certifying Authority to publish notice when a Digital Signature Certificate is suspended under Section 37 IT Act or revoked under Section 38 IT Act, in every repository specified in the certificate.

Section 39 IT Act Bare Act Text

39. Notice of suspension or revocation.

(1) Where a Digital Signature Certificate is suspended or revoked under section 37 or section 38, the Certifying Authority shall publish a notice of such suspension or revocation, as the case may be, in the repository specified in the Digital Signature Certificate for publication of such notice.

(2) Where one or more repositories are specified, the Certifying Authority shall publish notices of such suspension or revocation, as the case may be, in all such repositories.

Section 39 IT Act in Simple Words

Section 39 IT Act requires public repository notice whenever a Digital Signature Certificate is suspended or revoked. Under Section 39(1) IT Act, where a Digital Signature Certificate is suspended under Section 37 IT Act or revoked under Section 38 IT Act, the Certifying Authority must publish a notice of that suspension or revocation in the repository specified in the Digital Signature Certificate for publishing such notices.

Section 39(2) IT Act covers certificates that name one or more repositories. Where one or more repositories are specified in the Digital Signature Certificate, the Certifying Authority must publish notices of the suspension or revocation in all of those specified repositories.

This publication duty operates alongside the duty to inform the subscriber directly. Under Section 37(3) IT Act and Section 38(4) IT Act, the Certifying Authority must communicate a suspension or revocation to the subscriber, while Section 39 IT Act ensures that notice is also published in every repository named in the Digital Signature Certificate.

When Section 39 IT Act Applies

  • A Digital Signature Certificate has been suspended under Section 37 IT Act or revoked under Section 38 IT Act.
  • The Digital Signature Certificate specifies one or more repositories for publication of a notice of suspension or revocation.
  • The Certifying Authority publishes a notice of the suspension or revocation in the specified repository (Section 39(1) IT Act).
  • Where one or more repositories are specified, the Certifying Authority publishes notices in all such specified repositories (Section 39(2) IT Act).

Example of Section 39 IT Act

Madhuri, a tea exporter in Jorhat, holds a Digital Signature Certificate that specifies two repositories for publishing notices of suspension or revocation. Madhuri submits a request asking the Certifying Authority to revoke the Digital Signature Certificate under Section 38(1)(a) IT Act, and the Certifying Authority revokes the certificate after following Section 38 IT Act. Under Section 39(1) and Section 39(2) IT Act, the Certifying Authority must publish a notice of that revocation in both repositories specified in Madhuri's Digital Signature Certificate. Publishing the notice in only one repository does not satisfy Section 39(2) IT Act.

FAQs on Section 39 IT Act

What is Section 39 IT Act?▼

Section 39 IT Act requires a Certifying Authority to publish a notice whenever a Digital Signature Certificate is suspended under Section 37 IT Act or revoked under Section 38 IT Act. Where one or more repositories are specified in the Digital Signature Certificate, the Certifying Authority must publish the notice in all of those repositories.

Who must publish the notice of suspension or revocation under Section 39 IT Act?▼

The Certifying Authority. Under Section 39(1) IT Act, the Certifying Authority must publish the notice of suspension or revocation in the repository specified in the Digital Signature Certificate.

Is publication under Section 39 IT Act optional for the Certifying Authority?▼

No. Section 39(1) and Section 39(2) IT Act make publication mandatory whenever a Digital Signature Certificate is suspended under Section 37 IT Act or revoked under Section 38 IT Act.

Must the Certifying Authority publish the notice in every specified repository under Section 39(2) IT Act?▼

Yes. Under Section 39(2) IT Act, where one or more repositories are specified, the Certifying Authority must publish notices of the suspension or revocation in all such repositories.

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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 ·