Section 73 IT Act: Penalty for publishing electronic signature Certificate false in certain particulars
Information Technology Act, 2000
Section 73 IT Act at a Glance
Section 73 IT Act punishes knowingly publishing or making available an electronic signature Certificate that is unissued, unaccepted, revoked, or suspended. The offence carries up to 2 years imprisonment, a fine up to ₹1 lakh instead of imprisonment, or both.
Up to 2 years, under sub-section (2)
Section 73 IT Act Bare Act Text
73. Penalty for publishing electronic signature Certificate false in certain particulars.
(1) No person shall publish a electronic signature Certificate or otherwise make it available to any other person with the knowledge that—
(a) the Certifying Authority listed in the certificate has not issued it; or
(b) the subscriber listed in the certificate has not accepted it; or
(c) the certificate has been revoked or suspended,
unless such publication is for the purpose of verifying a electronic signature created prior to such suspension or revocation.
(2) Any person who contravenes the provisions of sub-section (1) shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
Amendments to this section
- Subs. by Act 10 of 2009, s. 2, for "digital signature" (w.e.f. 27-10-2009).
Section 73 IT Act in Simple Words
Section 73 IT Act prohibits publishing or making available an electronic signature Certificate when the person doing so knows the certificate is false or invalid in specific ways. Under Section 73(1) IT Act, no person may publish an electronic signature Certificate or make it available to anyone else while knowing that any of three defects exists.
First, under clause (a), the Certifying Authority named in the certificate has not issued it. Second, under clause (b), the subscriber named in the certificate has not accepted it. Third, under clause (c), the certificate has been revoked or suspended.
Section 73(1) IT Act carves out one exception as a defence. Publishing or making available a suspended or revoked certificate is allowed when done for the purpose of verifying an electronic signature that was created before the suspension or revocation took place.
Under Section 73(2) IT Act, anyone who violates Section 73(1) IT Act faces imprisonment up to 2 years, or a fine up to ₹1 lakh instead of imprisonment, or both. Section 73 IT Act was amended by Act 10 of 2009 (section 2) with effect from 27 October 2009.
Ingredients of Section 73 IT Act
- A person publishes an electronic signature Certificate or otherwise makes it available to any other person.
- One of three facts exists: the Certifying Authority listed in the certificate has not issued it, the subscriber listed in it has not accepted it, or the certificate has been revoked or suspended.
- The person publishes or makes available the certificate with knowledge of that fact.
Punishment Under Section 73 IT Act
Up to 2 years, under sub-section (2)
Up to ₹1 lakh, instead of or with imprisonment
Section 77B IT Act does not cover an offence punishable with less than 3 years, so Part II of the First Schedule to the BNSS decides it: it is non-cognizable and bailable, and any Magistrate can try it. Section 77A IT Act lets the court compound it, but not where the accused is liable to enhanced punishment because of a previous conviction, or where the offence affects the socio economic conditions of the country or was committed against a child below 18 years or a woman.
Under Section 73(2) IT Act, the punishment is imprisonment up to 2 years, or a fine up to ₹1 lakh instead of imprisonment, or both. Because Section 77B IT Act covers only offences punishable with imprisonment of 3 years and above, Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) makes Section 73 IT Act non-cognizable (so the police cannot register an FIR or arrest without a warrant), bailable (so the accused can claim bail as of right), and triable by any Magistrate. Under Section 77A IT Act, a court may compound (settle and close) the offence, except where a previous conviction makes the accused liable to enhanced punishment, or where the offence affects the socio economic conditions of the country or was committed against a child below 18 years or a woman.
Example of Section 73 IT Act
When Section 73 IT Act Does Not Apply
- Publishing or making available a suspended or revoked electronic signature Certificate for the purpose of verifying an electronic signature created prior to that suspension or revocation, which Section 73(1) IT Act expressly excludes.
- Publishing or making available an electronic signature Certificate without knowledge that the listed Certifying Authority has not issued it, that the listed subscriber has not accepted it, or that it has been revoked or suspended.
FAQs on Section 73 IT Act
What is Section 73 IT Act?▼
Section 73 IT Act makes it an offence to knowingly publish or make available an electronic signature Certificate that was not issued by the listed Certifying Authority, not accepted by the listed subscriber, or already revoked or suspended. Under Section 73(2) IT Act, the offence is punishable with imprisonment up to 2 years, or a fine up to ₹1 lakh instead of imprisonment, or both.
Is an offence under Section 73 IT Act bailable?▼
Yes. Because the maximum imprisonment is below 3 years, Section 77B IT Act does not apply and Part II of the First Schedule to the BNSS makes Section 73 IT Act bailable and non-cognizable.
Can someone publish a revoked electronic signature Certificate to check an older signature under Section 73 IT Act?▼
Yes. Section 73(1) IT Act permits publishing a suspended or revoked certificate when the purpose is to verify an electronic signature created before that suspension or revocation.
Can an offence under Section 73 IT Act be compounded?▼
Yes. Under Section 77A IT Act, a court may compound the offence, except where a previous conviction attracts enhanced punishment, or where the offence affects the socio economic conditions of the country or was committed against a child below 18 years or a woman.
Which court tries a case under Section 73 IT Act?▼
Any Magistrate. Under Part II of the First Schedule to the BNSS, an offence under Section 73 IT Act can be tried by any Magistrate.
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Sources: Bare Act Text, Information Technology Act, 2000 ·