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

Mehta Textiles Pvt Ltd's authorised director, Mr. Rakesh Mehta, obtained a Digital Signature Certificate (DSC) and then authorised its publication in a public repository maintained by the Certifying Authority. He never signed any document with it. Under Section 41 of the IT Act, 2000, what is his position?

He is deemed to have accepted the certificate. Under Section 41(1) of the IT Act, a subscriber who publishes or authorises publication of a DSC in a repository, or to one or more persons, is deemed to have accepted it. Actual use for signing is not required.

  1. AHe is deemed to have accepted the DSC because he authorised its publication in a repositoryCorrect
  2. BHe has not accepted the DSC until he first uses it to sign a document
  3. CHe has not accepted the DSC until the Certifying Authority revokes any earlier certificate
  4. DHe is deemed to have accepted the DSC only if he publishes it to at least two persons

Explanation

Section 41(1) says a subscriber is deemed to have accepted a DSC if he publishes or authorises its publication to one or more persons or in a repository, or otherwise demonstrates approval. Authorising publication in a repository is enough, and use for signing is not required. The 'two persons' option is wrong because the Act says one or more persons.

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