The Information Technology Act, 2000

Administered Ministry: Ministry of Electronics and Information Technology

Showing 41 to 60 of 125 results
Section
Section 37 Suspension of Digital Signature Certificate.
(1) Subject to the provisions of sub-section (2), the Certifying Authority which has issued a Digital Signature Certificate may suspend such Digital Signature Certificate,–
(a) on receipt of a request to that effect from–
(i) the subscriber listed in the Digital Signature Certificate; or
(ii) any person duly authorised to act on behalf of that subscriber;
(b) if it is of opinion that the Digital Signature Certificate should be suspended in public interest.
(2) A Digital Signature Certificate shall not be suspended for a period exceeding fifteen days unless the subscriber has been given an opportunity of being heard in the matter.
(3) On suspension of a Digital Signature Certificate under this section, the Certifying Authority shall communicate the same to the subscriber.
Section 38 Revocation of Digital Signature Certificate.
(1) A Certifying Authority may revoke a Digital Signature Certificate issued by it--

(a) where the subscriber or any other person authorised by him makes a request to that effect; or

(b) upon the death of the subscriber; or

(c) upon the dissolution of the firm or winding up of the company where the subscriber is a firm or a company.

(2) Subject to the provisions of sub-section (3) and without prejudice to the provisions of sub-section (1), a Certifying Authority may revoke a Digital Signature Certificate which has been issued by it at any time, if it is of opinion that--

(a) a material fact represented in the Digital Signature Certificate is false or has been concealed;

(b) a requirement for issuance of the Digital Signature Certificate was not satisfied;

(c) the Certifying Authority's private key or security system was compromised in a manner materially affecting the Digital Signature Certificate's reliability;

(d) the subscriber has been declared insolvent or dead or where a subscriber is a firm or a company, which has been dissolved, wound-up or otherwise ceased to exist.

(3) A Digital Signature Certificate shall not be revoked unless the subscriber has been given an opportunity of being heard in the matter.

(4) On revocation of a Digital Signature Certificate under this section, the Certifying Authority shall communicate the same to the subscriber.

Section 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 40 Generating key pair. 1 docs
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, 1 *** the subscriber shall generate 2 [that key] pair by applying the security procedure.

1. The word "then" omitted by notification No. S.O. 1015(E) (w.e.f. 19-9-2002).

2. Subs. ibid., for "the key" (w.e.f. 19-9-2002).

Section 40A Duties of subscriber of Electronic Signature Certificate.
1 [40A. Duties of subscriber of Electronic Signature Certificate.--In respect of Electronic Signature Certificate the subscriber shall perform such duties as may be prescribed.]

1Ins. by Act 10 of 2009, s. 19 (w.e.f. 27-10-2009)
Section 41 Acceptance of Digital Signature Certificate.
(1) A subscriber shall be deemed to have accepted a Digital Signature Certificate if he publishes or authorises the publication of a Digital Signature Certificate--

(a) to one or more persons;

(b) in a repository; or

otherwise demonstrates his approval of the Digital Signature Certificate in any manner.

(2) By accepting a Digital Signature Certificate the subscriber certifies to all who reasonably rely on the information contained in the Digital Signature Certificate that--

(a) the subscriber holds the private key corresponding to the public key listed in the Digital Signature Certificate and is entitled to hold the same;

(b) all representations made by the subscriber to the Certifying Authority and all material relevant to the information contained in the Digital Signature Certificate are true;

(c) all information in the Digital Signature Certificate that is within the knowledge of the subscriber is true.

Section 42 Control of private key. 1 docs
(1) Every subscriber shall exercise reasonable care to retain control of the private key corresponding to the public key listed in his Digital Signature Certificate and take all steps to prevent its disclosure 1 ***

(2) If the private key corresponding to the public key listed in the Digital Signature Certificate has been compromised, then, the subscriber shall communicate the same without any delay to the Certifying Authority in such manner as may be specified by the regulations.

Explanation.--For the removal of doubts, it is hereby declared that the subscriber shall be liable till he has informed the Certifying Authority that the private key has been compromised.

1. The words "to a person not authorised to affix the digital signature of the subscriber" omitted by notification No. S.O.1015(E) (w.e.f. 19-9-2002).
Section 43 Penalty and compensation for damage to computer, computer system, etc.
1[43. 2 [Penalty and compensation] for damage to computer, computer system, etc.--If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network,--

(a) accesses or secures access to such computer, computer system or computer network 3 [or computer resource];

(b) downloads, copies or extracts any data, computer data base or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium;

(c) introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network;

(d) damages or causes to be damaged any computer, computer system or computer network, data, computer data base or any other programmes residing in such computer, computer system or computer network;

(e) disrupts or causes disruption of any computer, computer system or computer network;

(f) denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means;

(g) provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, rules or regulations made thereunder;

(h) charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network;

4 [(i) destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means;

(j) steal, conceal, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage;]

5 [he shall be liable to pay damages by way of compensation to the person so affected.]

Explanation.--For the purposes of this section,--

(i) "computer contaminant" means any set of computer instructions that are designed--

(a) to modify, destroy, record, transmit data or programme residing within a computer, computer system or computer network; or

(b) by any means to usurp the normal operation of the computer, computer system, or computer network;

(ii) "computer data-base" means a representation of information, knowledge, facts, concepts or instructions in text, image, audio, video that are being prepared or have been prepared in a formalised manner or have been produced by a computer, computer system or computer network and are intended for use in a computer, computer system or computer network;

(iii) "computer virus" means any computer instruction, information, data or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, data or instruction is executed or some other event takes place in that computer resource;

(iv) "damage" means to destroy, alter, delete, add, modify or rearrange any computer resource by any means.

4 [(v) "computer source code" means the listing of programme, computer commands, design and layout and programme analysis of computer resource in any form.]

1Subs. by Act 10 of 2009, s. 20, for "PENALTIES AND ADJUDICATION" (w.e.f. 27-10-2009).

2. Subs. by s. 21, ibid., for "Penalty" (w.e.f. 27-10-2009).

3. Ins. by s. 21, ibid. (w.e.f. 27-10-2009).

4 Ins. by Act 10 of 2009, s. 21 (w.e.f. 27-10-2009).

5Subs. by s. 21, ibid., for certain words (w.e.f. 27-10-2009).

Section 43A Compensation for failure to protect data. 1 docs
1 [43A. Compensation for failure to protect data.--Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affected.

Explanation.--For the purposes of this section,--

(i) "body corporate" means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities;

(ii) "reasonable security practices and procedures" means security practices and procedures designed to protect such information from unauthorised access, damage, use, modification, disclosure or impairment, as may be specified in an agreement between the parties or as may be specified in any law for the time being in force and in the absence of such agreement or any law, such reasonable security practices and procedures, as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit;

(iii) "sensitive personal data or information" means such personal information as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit.]

1 Ins. by s. 22, ibid. (w.e.f. 27-10-2009).
Section 44 Penalty for failure to furnish information, return, etc.
If any person who is required under this Act or any rules or regulations made thereunder to--

(a) furnish any document, return or report to the Controller or the Certifying Authority fails to furnish the same, he shall be liable to a penalty not exceeding 1[fifteen lakh] rupees for each such failure;

(b) file any return or furnish any information, books or other documents within the time specified therefor in the regulations fails to file return or furnish the same within the time specified therefor in the regulations, he shall be liable to a penalty not exceeding 2[fifty thousand] rupees for every day during which such failure continues;

(c) maintain books of account or records, fails to maintain the same, he shall be liable to a penalty not exceeding 3[one lakh] rupees for every day during which the failure continues.

1. Subs. by Act 18 of 2023, s. 2 and Schedule, for "one lakh and fifty thousand" (w.e.f. 30-11-2023).

2. Subs. by ibid., s. 2 and Schedule, for "five thousand" (w.e.f. 30-11-2023).

Section 45 Residuary penalty.
Whoever contravenes any 1[rules, regulations, directions or orders] made under this Act, for the contravention of which no penalty has been separately provided, shall be liable to pay a 2[penalty not exceeding one lakh rupees, in addition to compensation to the person affected by such contravention not exceeding--
(a) ten lakh rupees, by an intermediary, company or body corporate; or/be (b) one lakh rupees, by any other person.]
1. Subs. by ibid., s. 2 and Schedule, for "rules or regulations" (w.e.f. 30-11-2023).

2. Subs. by ibid., s. 2 and Schedule, for certain words (w.e.f. 30-11-2023).

Section 46 Power to adjudicate. 2 docs
(1) For the purpose of adjudging 1[under this Act] whether any person has committed a contravention of any of the provisions of this Act or of any rule, regulation, 2[direction or order made thereunder which renders him liable to pay penalty or compensation,] the Central Government shall, subject to the provisions of sub-section (3), appoint any officer not below the rank of a Director to the Government of India or an equivalent officer of a State Government to be an adjudicating officer for holding an inquiry in the manner prescribed by the Central Government.

3[(1A) The adjudicating officer appointed under sub-section (1) shall exercise jurisdiction to adjudicate matters in which the claim for 4*** damage does not exceed rupees five crore: Provided that the jurisdiction in respect of the claim for 4*** damage exceeding rupees five crores shall vest with the competent court.]

(2) The adjudicating officer shall, after giving the person referred to in sub-section (1) a reasonable opportunity for making representation in the matter and if, on such inquiry, he is satisfied that the person has committed the contravention, he may impose such penalty or award such compensation as he thinks fit in accordance with the provisions of that section.

(3) No person shall be appointed as an adjudicating officer unless he possesses such experience in the field of Information Technology and legal or judicial experience as may be prescribed by the Central Government.

(4) Where more than one adjudicating officers are appointed, the Central Government shall specify by order the matters and places with respect to which such officers shall exercise their jurisdiction.

(5) Every adjudicating officer shall have the powers of a civil court which are conferred on the 5[Appellate Tribunal under sub-section (2) of section 58, and--

(a) all proceedings before it shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860);

(b) shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974);

6[(c) shall be deemed to be a civil court for purposes of Order XXI of the Civil Procedure Code, 1908 (5 of 1908).]



1. Subs. by ibid., s. 2 and Schedule, for "under this Chapter" (w.e.f. 30-11-2023).

2. Subs. by Act 10 of 2009, s. 23, for "direction or order made thereunder" (w.e.f. 27-10-2009).

3. Ins. by s. 23, ibid. (w.e.f. 27-10-2009).

4. Words omitted "injury or" omitted by Act 18 of 2023, s. 2 and Schedule (w.e.f. 30-11-2023).

5. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal" (w.e.f. 26-5-2017) 6. Ins. by Act 10 of 2009, s. 23 (w.e.f. 27-10-2009).



Section 47 Factors to be taken into account by the adjudicating officer.
While adjudging the quantum of compensation under this Chapter, the adjudicating officer shall have due regard to the following factors, namely:--

(a) the amount of gain of unfair advantage, wherever quantifiable, made as a result of the default;

(b) the amount of loss caused to any person as a result of the default;

(c) the repetitive nature of the default.

Section 48 Appellate Tribunal.
48.2[Appellate Tribunal].-- 3[(1) The Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.]

(2) The Central Government 4[shall specify, by notification] the matters and places in relation to which the 1[Appellate Tribunal] may exercise jurisdiction.

1 Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal" (w.e.f. 26-5-2017)

2. Subs. by s. 169, ibid., for " Establishment of Appellate Tribunal" (w.e.f. 26-5-2017).

3. Subs. by s. 169, ibid., for sub-section (1) (w.e.f. 26-5-2017).

4. Subs. by s. 169, ibid., for "shall also specify, in the notification referred to in sub-section (1)" (w.e.f. 26-5-2017)

Section 49 [Omitted.].
1 [49. [Composition of Cyber Appellate Tribunal.] Omitted by the Finance Act, 2017 (7 of 2017), s. 169 (w.e.f. 26-5-2017).]

1 Subs. by Act 10 of 2009, s. 26, for sections 49 to 52 (w.e.f. 27-10-2009).
Section 50 [Omitted.].
1[50. [Qualifications for appointment as Chairperson and Members of Cyber Appellate Tribunal.]Omitted by s. 169, ibid. (w.e.f. 26-5-2017).]

1. Subs. by Act 10 of 2009, s. 26, for sections 49 to 52 (w.e.f. 27-10-2009).
Section 51 [Omitted.].
1[51. [Term of office, conditions of service, etc., of Chairperson and Members.]Omitted by s. 169, ibid. (w.e.f. 26-5-2017).]

1. Subs. by Act 10 of 2009, s. 26, for sections 49 to 52 (w.e.f. 27-10-2009).
Section 52 [Omitted.]. 3 docs
1[52. [Salary, allowances and other terms and conditions of service of Chairperson and Members.]Omitted by s. 169, ibid. (w.e.f. 26-5-2017).]

1. Subs. by Act 10 of 2009, s. 26, for sections 49 to 52 (w.e.f. 27-10-2009).
Section 52A [Omitted.]. 2 docs
1[52A. [Powers of superintendence, direction, etc.]Omitted by s. 169, ibid. (w.e.f. 26-5-2017).]

1. Subs. by Act 10 of 2009, s. 26, for sections 49 to 52 (w.e.f. 27-10-2009).
Section 52B [Omitted.].
1[52B. [Distribution of business among Benches.]Omitted by s. 169, ibid. (w.e.f. 26-5-2017).]

1. Subs. by Act 10 of 2009, s. 26, for sections 49 to 52 (w.e.f. 27-10-2009).