Section 73 of ITA, 2000 : Section 73: Penalty For Publishing Electronic Signature Certificate False In Certain Particulars

Bare Act

73 Penalty for publishing electronic signature Certificate false in certain particulars - (1) No person shall publish an 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;
• (b) the subscriber listed in the certificate has not accepted it;
• (c) the certificate has been revoked or suspended, unless such publication is for the purpose of verifying an electronic signature created prior to such suspension or revocation.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.

Simplified Act

Simple Explanation of the Penalty for Misusing Electronic Signature Certificates - (1) It is illegal for someone to share or distribute an electronic signature certificate if they know that:

• (a) the official authority that is supposed to issue the certificate didn't actually issue it;
• (b) the person the certificate is supposed to belong to hasn't agreed to use it;
• (c) the certificate is no lon...

Explanation using Example

Let's consider a hypothetical scenario to understand the application of Section 73 of the Information Technology Act, 2000:

Mr. A runs a popular e-commerce website. One day, he comes across an electronic signature certificate that was not issued by any certifying authority. Despite knowing this, he decides to publish this certificate on his website. The certificate falsely claims that it was issued by a renowned certifying authority and that it was accepted by a certain subscriber.

Later, it is discovered that the certificate was actually revoked earlier. However, Mr. A had published it n...