CHAPTER VIII DUTIES OF SUBSCRIBERS

Section 42: Control of private key

The Information Technology Act, 2000

(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.

Footnotes in the official text

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).

Questions on this section

1 question in 2 of our papers cite Section 42. Try these from the free papers:

1. Assertion (A): A subscriber whose private key has been compromised remains liable until he has informed the Certifying Authority of the compromise. Reason (R): Under Section 42 of the Information Technology Act, 2000, the liability of a subscriber ends the moment his private key is compromised, whether or not the Certifying Authority is informed.

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