Information Technology Act 2000 Section 64

Section 64 of the Information Technology Act, 2000, deals with the suspension and revocation of digital signature certificates. Digital certificates are crucial for authenticating electronic documents and transactions. This section empowers the Controller of Certifying Authorities to suspend or revoke certificates when they are compromised or misused.

In today's digital world, trust in electronic authentication is vital for secure online communication and transactions. Section 64 helps maintain this trust by ensuring that invalid or fraudulent certificates are promptly invalidated. This protects users, businesses, and law enforcement agencies from cyber fraud and misuse of digital identities.

Information Technology Act Section 64 – Exact Provision

This provision gives the Controller the authority to suspend or revoke digital certificates to prevent misuse. Suspension temporarily disables a certificate, while revocation permanently invalidates it. This ensures that certificates that are compromised, expired, or issued in error do not continue to be trusted.

• Empowers Controller to suspend or revoke certificates.

• Applies to digital signature certificates issued by Certifying Authorities.

• Ensures trust in electronic authentication.

• Protects against misuse or compromise of certificates.

• Requires reasons to be recorded in writing.

Explanation of Information Technology Act Section 64

This section authorizes the Controller to act against digital certificates that are no longer trustworthy.

• States that the Controller may suspend or revoke certificates.

• Applies to Certifying Authorities and their issued certificates.

• Triggered when certificates are compromised, misused, or invalid.

• Legal criteria include written reasons for action.

• Allows suspension (temporary) or revocation (permanent) of certificates.

• Prevents use of invalid certificates in electronic transactions.

Purpose and Rationale of IT Act Section 64

The section aims to maintain the integrity and reliability of digital signatures in electronic commerce and communication.

• Protects users from fraudulent digital certificates.

• Prevents cybercrimes involving certificate misuse.

• Ensures secure and trustworthy electronic transactions.

• Regulates the lifecycle of digital certificates.

When IT Act Section 64 Applies

This section applies when a digital certificate needs to be suspended or revoked due to compromise or invalidity.

• When a certificate is suspected to be compromised or misused.

• Upon expiry or error in certificate issuance.

• Invoked by the Controller of Certifying Authorities.

• Requires evidence of certificate misuse or invalidity.

• Relevant to electronic documents and digital signatures.

• Exceptions may include certificates under investigation.

Legal Effect of IT Act Section 64

Section 64 creates the legal framework for invalidating digital certificates, restricting their use in electronic authentication. It imposes a duty on the Controller to act responsibly by recording reasons for suspension or revocation. Penalties for misuse of certificates are covered under other sections, but this section ensures compromised certificates cannot be used.

• Creates rights to suspend or revoke certificates.

• Restricts use of invalid digital certificates.

• Supports enforcement against cyber fraud.

Nature of Offence or Liability under IT Act Section 64

This section primarily deals with regulatory compliance rather than direct offences. It empowers the Controller to act administratively to maintain certificate trustworthiness. It does not itself create criminal liability but supports enforcement actions under related provisions.

• Regulatory compliance provision.

• No direct criminal offence defined.

• Non-cognizable administrative action.

• No arrest powers under this section.

Stage of Proceedings Where IT Act Section 64 Applies

Section 64 is relevant during administrative proceedings related to digital certificates.

• Investigation of certificate misuse or compromise.

• Collection of evidence regarding certificate validity.

• Controller issues suspension or revocation orders.

• May precede criminal or civil proceedings under other sections.

• Appeals against Controller’s decisions may be filed.

Penalties and Consequences under IT Act Section 64

While Section 64 does not prescribe penalties, suspension or revocation of certificates can have serious consequences. Invalid certificates cannot be used for authentication, affecting businesses and users relying on them. Related offences under the IT Act may attract fines or imprisonment.

• No direct fines or imprisonment under this section.

• Suspension/revocation disables certificate use.

• May lead to liability under other IT Act provisions.

• Impacts intermediaries and certificate holders.

Example of IT Act Section 64 in Practical Use

Consider a company, X, whose digital certificate is stolen by a hacker. The hacker uses it to sign fraudulent contracts. Upon detection, the Controller suspends the certificate under Section 64 to prevent further misuse. This action protects clients and the company from legal and financial harm.

• Section 64 enables quick response to certificate compromise.

• Protects trust in digital transactions.

Historical Background of IT Act Section 64

The IT Act, 2000 was introduced to regulate electronic commerce and digital signatures. Section 64 was included to empower authorities to maintain certificate integrity. The 2008 Amendment strengthened provisions related to cyber security and digital authentication. Over time, interpretation has evolved to address emerging cyber threats.

• Introduced to support e-commerce and digital signatures.

• Amended in 2008 for enhanced cyber security.

• Adapted to evolving digital authentication needs.

Modern Relevance of IT Act Section 64

In 2026, with increased digital transactions, Section 64 remains crucial for cybersecurity. It supports data protection, fintech security, and digital identity management. Social media and intermediary reforms also rely on robust certificate management. Enforcement challenges persist due to sophisticated cyber threats.

• Supports digital evidence authenticity.

• Enhances online safety and trust.

• Addresses enforcement challenges in cybercrime.

Related Sections

• IT Act Section 43 – Penalty for unauthorised access and data theft.

• IT Act Section 65 – Tampering with computer source documents.

• IT Act Section 66 – Computer-related offences.

• IT Act Section 72 – Breach of confidentiality and privacy.

• Evidence Act Section 65B – Admissibility of electronic evidence.

• CrPC Section 91 – Summons for digital records or documents.

Case References under IT Act Section 64

No landmark case directly interprets this section as of 2026.

Key Facts Summary for IT Act Section 64

• Section: 64

• Title: Suspension and Revocation of Digital Signature Certificates

• Category: Digital Signature Regulation

• Applies To: Controller, Certifying Authorities, Certificate Holders

• Stage: Administrative action, investigation, appeal

• Legal Effect: Empowers suspension/revocation of certificates

• Penalties: No direct penalties; supports enforcement under other provisions

Conclusion on IT Act Section 64

Section 64 is a vital regulatory provision ensuring the credibility of digital signature certificates. By empowering the Controller to suspend or revoke certificates, it protects users and businesses from cyber threats and fraudulent electronic transactions.

Maintaining trust in digital authentication is essential for secure e-commerce and communication. Section 64 plays a key role in India's cybersecurity framework by enabling timely action against compromised certificates, thereby upholding the integrity of electronic records and signatures.

FAQs on IT Act Section 64

What authority does Section 64 grant regarding digital certificates?

Section 64 empowers the Controller to suspend or revoke digital signature certificates issued by Certifying Authorities to prevent misuse or compromise.

When can a digital certificate be suspended or revoked?

A certificate can be suspended or revoked if it is compromised, misused, expired, or issued in error, based on written reasons by the Controller.

Does Section 64 impose penalties for misuse of certificates?

No, Section 64 itself does not impose penalties but supports enforcement actions under other IT Act provisions related to cyber offences.

Who can invoke the suspension or revocation of a certificate?

The Controller of Certifying Authorities has the exclusive power to suspend or revoke digital signature certificates under Section 64.

Is suspension of a certificate permanent?

No, suspension is temporary, whereas revocation permanently invalidates a digital signature certificate.