Section 40A IT Act: Duties of subscriber of Electronic Signature Certificate

Information Technology Act, 2000

Section 40A IT Act at a Glance

Section 40A IT Act requires the subscriber of an Electronic Signature Certificate to perform such duties in respect of that certificate as may be prescribed.

Section 40A IT Act Bare Act Text

40A. Duties of subscriber of Electronic Signature Certificate.

In respect of Electronic Signature Certificate the subscriber shall perform such duties as may be prescribed.

Amendments to this section
  • Ins. by Act 10 of 2009, s. 19 (w.e.f. 27-10-2009).

Section 40A IT Act in Simple Words

Section 40A IT Act sets out the obligation of a subscriber in respect of an Electronic Signature Certificate. Under Section 40A IT Act, the subscriber must perform such duties in respect of the Electronic Signature Certificate as may be prescribed. Section 40A IT Act does not list individual duties in the section text itself and leaves those duties to be prescribed. Section 40A IT Act was inserted by Act 10 of 2009, section 19, with effect from 27 October 2009.

When Section 40A IT Act Applies

  • A person is the subscriber of an Electronic Signature Certificate.
  • Duties in respect of an Electronic Signature Certificate have been prescribed.
  • The subscriber must perform those prescribed duties.

Example of Section 40A IT Act

Pallavi, a garment exporter in Tiruchirappalli, obtains an Electronic Signature Certificate as a subscriber. Because the certificate held by Pallavi is an Electronic Signature Certificate, Section 40A IT Act governs Pallavi's obligations in respect of that certificate. Under Section 40A IT Act, Pallavi must perform such duties as may be prescribed in respect of the Electronic Signature Certificate.

FAQs on Section 40A IT Act

What is Section 40A IT Act?▼

Section 40A IT Act requires the subscriber of an Electronic Signature Certificate to perform such duties in respect of that certificate as may be prescribed. Section 40A IT Act was inserted by Act 10 of 2009, section 19, with effect from 27 October 2009.

Does Section 40A IT Act list the specific duties of the subscriber inside the section text?▼

No. Section 40A IT Act states that the subscriber must perform such duties in respect of the Electronic Signature Certificate as may be prescribed.

Which type of certificate does Section 40A IT Act cover?▼

An Electronic Signature Certificate. While Section 40 IT Act and Section 41 IT Act refer to a Digital Signature Certificate, Section 40A IT Act applies in respect of an Electronic Signature Certificate.

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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 ·