Digital Signature: Bane or Boon?

DIGITAL SIGNATURE: BANE OR BOON?
Information Technology Act, 2000 accords legal Status to digital signatures in India. Digital
on electronic document has the same legal position as the hand signature on physical
document. This act is applicable to whole of India and it provides the provision of digital
signature just alike traditional signature.
Digital signature under Indian Evidence Act, 1872
Section 85B- It is presumed that any electronic record and digital signature is authenticated
and integrated, until contrary is proved.
Section 85A- Validity of the electronic record is at the same footing of physical documentary
in the eyes of law, including the digital signature of the respective parties involved.
Digital Signature and Information Technology Act, 2000

According to section 3A of IT Act, 2000 a subscriber (person on whose name the digital
signature certificate is issued) with the use of digital signature could authenticate any
electronic record.
Reliability of digital signature-
 The signatory or the authenticator of the certified digital signature is “only” linked with
the authentication data, as the case may be, in reference to their intended use.
 At the time of authentication the data is “only” at the control of the signatory, as the case
maybe and not in any other person.
 Any alteration to the digital signature is only valid if it is detectable after affixing such
signature.
 After the authentication made by digital signature for any alteration to the information is
valid only if it id detected.
Offences related to digital signature under Indian Penal Code
A. Section 66C: Punishment for identity

According to this provision if any person fraudulently or dishonestly makes use of
1. Digital Signature
2. Password
3. Unique ID feature of any other person
Shall be awarded with imprisonment up to 3 years and also be libel for fine up to 1 lakh.
DIGITAL SIGNATURE: BANE OR BOON? Page 1

B. Section 71: Penalty for misrepresentation
If the material fact is misrepresented or suppressed by any person for obtaining any type
of licence or digital signature certificate, shall be punished accordingly with
imprisonment for maximum 2 years or fine not extending 1 lakh, or both.
C. Section 73: Punishment for publishing electronic signature certificate false in certain
particulars.
This provision impose restriction for publishing any false digital signature certificate or
making it available to other person having the knowledge of
1. Not issued by the certificate authority as listed in the certificate; or
2. List of the subscriber has not been accepted in the certificate; or
3. The publication has revoked or suspended the certificate, until & unless such publication
is for the purpose of verifying an electronic signature created prior to such revocation or
suspension.
Any person who breaches the above provisions shall be awarded with imprisonment for
the term up to 2 years or fine of maximum 1 lakh, or both.
D. Section 74: Publication for Fraudulent purpose.
Any digital signature certificates knowingly created, published or made available for any
1. Fraudulent; or
2. Unlawful purpose;
Shall be, punished with imprisonment for a term that may extend to two years, or with
fine that may extend to 1 lakh, or with both.
E. Section 463: Making false documents:
It provides maximum imprisonment of 2 years or with fine, or both.
Conclusion
Everything comes with its torture and aid, that same can be applied for digital signature. The
constant search of finding new blend to the immediate issue in the evolving time with the
support of invention and innovation, technological expansion has turned out to be a
“necessary evil” at the risk of infringing privacy of individual. These points thus require a
strong redressal framework.
DIGITAL SIGNATURE: BANE OR BOON?

Information Technology Act, 2000 accords legal Status to digital signatures in India. Digital
on electronic document has the same legal position as the hand signature on physical
document. This act is applicable to whole of India and it provides the provision of digital
signature just alike traditional signature.
Digital signature under Indian Evidence Act, 1872
Section 85B- It is presumed that any electronic record and digital signature is authenticated
and integrated, until contrary is proved.
Section 85A- Validity of the electronic record is at the same footing of physical documentary
in the eyes of law, including the digital signature of the respective parties involved.
Digital Signature and Information Technology Act, 2000

According to section 3A of IT Act, 2000 a subscriber (person on whose name the digital
signature certificate is issued) with the use of digital signature could authenticate any
electronic record.
Reliability of digital signature-
 The signatory or the authenticator of the certified digital signature is “only” linked with
the authentication data, as the case may be, in reference to their intended use.
 At the time of authentication the data is “only” at the control of the signatory, as the case
maybe and not in any other person.
 Any alteration to the digital signature is only valid if it is detectable after affixing such
signature.
 After the authentication made by digital signature for any alteration to the information is
valid only if it id detected.
Offences related to digital signature under Indian Penal Code
F. Section 66C: Punishment for identity

According to this provision if any person fraudulently or dishonestly makes use of
4. Digital Signature
5. Password
6. Unique ID feature of any other person
Shall be awarded with imprisonment up to 3 years and also be libel for fine up to 1 lakh.
G. Section 71: Penalty for misrepresentation

If the material fact is misrepresented or suppressed by any person for obtaining any type
of licence or digital signature certificate, shall be punished accordingly with
imprisonment for maximum 2 years or fine not extending 1 lakh, or both.
H. Section 73: Punishment for publishing electronic signature certificate false in certain
particulars.
This provision impose restriction for publishing any false digital signature certificate or
making it available to other person having the knowledge of
4. Not issued by the certificate authority as listed in the certificate; or
5. List of the subscriber has not been accepted in the certificate; or
6. The publication has revoked or suspended the certificate, until & unless such publication
is for the purpose of verifying an electronic signature created prior to such revocation or
suspension.
Any person who breaches the above provisions shall be awarded with imprisonment for
the term up to 2 years or fine of maximum 1 lakh, or both.
I. Section 74: Publication for Fraudulent purpose.
Any digital signature certificates knowingly created, published or made available for any
3. Fraudulent; or
4. Unlawful purpose;
Shall be, punished with imprisonment for a term that may extend to two years, or with
fine that may extend to 1 lakh, or with both.
J. Section 463: Making false documents:
It provides maximum imprisonment of 2 years or with fine, or both.
Conclusion
Everything comes with its torture and aid, that same can be applied for digital signature. The
constant search of finding new blend to the immediate issue in the evolving time with the
support of invention and innovation, technological expansion has turned out to be a
“necessary evil” at the risk of infringing privacy of individual. These points thus require a
strong redressal framework.

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DIGITAL SIGNATURE: BANE OR BOON?

Digital signature under Indian Evidence Act, 1872

Digital Signature and Information Technology Act, 2000

Offences related to digital signature under Indian Penal Code

A. Section 66C: Punishment for identity