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CS Professional · Banking and Insurance - Laws and Practice · Digital Banking

A Certifying Authority issued a DSC to Sunrise Exports LLP's partner, Ms. Kavita Rao. Acting on her written request, it suspended the DSC on day 1 and has kept it suspended without hearing her further. Which statement is correct under the IT Act, 2000?

Suspension cannot exceed fifteen days unless the subscriber has been given an opportunity of being heard. Section 37(2) sets this limit, and although suspension on the subscriber's own request is allowed under Section 37(1), communicating it to her under Section 37(3) does not substitute for a hearing.

  1. ASuspension beyond fifteen days is not permitted unless the subscriber has been given an opportunity of being heardCorrect
  2. BSuspension can continue indefinitely once the subscriber herself requested it
  3. CSuspension beyond fifteen days needs only the intimation to the subscriber, not a hearing
  4. DSuspension is allowed only in public interest and never on the subscriber's request

Explanation

Section 37(2) says a DSC shall not be suspended for a period exceeding fifteen days unless the subscriber has been given an opportunity of being heard. Section 37(1)(a) permits suspension on the subscriber's request, so the last option is wrong. Communication of suspension under 37(3) does not replace the hearing.

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