Section 40 IT Act: Generating key pair
Information Technology Act, 2000
Section 40 IT Act at a Glance
Section 40 IT Act places a mandatory duty on a subscriber who has accepted a Digital Signature Certificate. The subscriber must generate the corresponding key pair by applying the security procedure.
Section 40 IT Act Bare Act Text
40. Generating key pair.
Where any Digital Signature Certificate the public key of which corresponds to the private key of that subscriber which is to be listed in the Digital Signature Certificate has been accepted by a subscriber, *** the subscriber shall generate that key pair by applying the security procedure.
Amendments to this section
- The word "then" omitted by notification No. S.O. 1015(E) (w.e.f. 19-9-2002).
- Subs. ibid., for "the key" (w.e.f. 19-9-2002).
Section 40 IT Act in Simple Words
Section 40 IT Act opens Chapter VIII on the duties of subscribers and sets out how a subscriber must generate a key pair. Section 40 IT Act applies when a subscriber has accepted a Digital Signature Certificate whose public key corresponds to that subscriber's private key, to be listed in the Digital Signature Certificate. When that condition is met, the subscriber must generate that key pair by applying the security procedure.
The duty in Section 40 IT Act is mandatory for the subscriber once the Digital Signature Certificate has been accepted. Section 41 IT Act explains when a subscriber is deemed to have accepted a Digital Signature Certificate, while Section 40A IT Act separately addresses duties of a subscriber in respect of an Electronic Signature Certificate. Section 2 IT Act defines terms used across the Act.
Section 40 IT Act was amended by notification No. S.O. 1015(E), with effect from 19 September 2002. That notification omitted the word "then" and made a substitution for the words "the key".
When Section 40 IT Act Applies
- A Digital Signature Certificate has a public key corresponding to the private key of the subscriber, to be listed in the Digital Signature Certificate.
- That Digital Signature Certificate has been accepted by the subscriber.
- The subscriber must generate that key pair by applying the security procedure.
Example of Section 40 IT Act
FAQs on Section 40 IT Act
What is Section 40 IT Act?▼
Section 40 IT Act sets out the duty of a subscriber to generate a key pair after accepting a Digital Signature Certificate. Where the Digital Signature Certificate's public key corresponds to the subscriber's private key, the subscriber must generate that key pair by applying the security procedure.
Who must generate the key pair under Section 40 IT Act?▼
The subscriber. Once the subscriber has accepted the Digital Signature Certificate described in Section 40 IT Act, the subscriber must generate that key pair by applying the security procedure.
Is applying the security procedure optional when generating a key pair under Section 40 IT Act?▼
No. Section 40 IT Act makes it mandatory for the subscriber to generate that key pair by applying the security procedure.
When does the duty to generate a key pair arise under Section 40 IT Act?▼
Upon acceptance of the Digital Signature Certificate by the subscriber. Section 40 IT Act applies where a Digital Signature Certificate with the corresponding key relationship has been accepted by the subscriber, and Section 41 IT Act explains when a certificate is deemed accepted.
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Sources: Bare Act Text, Information Technology Act, 2000 ·