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IT Act 2000

Section 19

Recognition of Foreign Certifying Authorities

THE STATUTE

Original Text

(1) The Controller may, with the previous approval of the Central Government, and by notification in the Official Gazette, grant recognition to any Foreign Certifying Authority for the purposes of this Act. (2) Where any Foreign Certifying Authority is recognised under sub-section (1), the Digital Signature Certificate issued by such Foreign Certifying Authority shall be valid for the purposes of this Act. (3) The Controller may, if he is satisfied that any Foreign Certifying Authority has contravened any of the conditions and restrictions subject to which it was granted recognition under sub-section (1), he may, for reasons to be recorded in writing, by notification in the Official Gazette, revoke or suspend such recognition. (4) The Controller may, by notification in the Official Gazette, specify the conditions and restrictions subject to which any Foreign Certifying Authority shall be recognised. (5) The Controller shall specify the conditions subject to which any Digital Signature Certificate issued by a recognised Foreign Certifying Authority shall be accepted for the purposes of this Act.

Simplified

Section 19 is India's cross-border PKI recognition framework — it provides the legal mechanism for foreign-issued Digital Signature Certificates to be valid in India. Without Section 19, every cross-border transaction requiring a digital signature would require the foreign party to obtain an Indian DSC from a CCA-licensed CA. Section 19 enables mutual recognition: the Controller may, with Central Government approval, publish a notification in the Official Gazette recognising a foreign CA. Once recognised, that CA's DSCs are valid in India for IT Act purposes. The recognition can be granted on conditions and restrictions specified by the Controller, and can be revoked or suspended if those conditions are breached. The process requires Central Government approval (unlike most Controller functions, which are independent), reflecting the diplomatic and trade-policy dimensions of cross-border PKI recognition — recognising a foreign CA implicitly validates that country's PKI standards. Section 19(5) allows the Controller to specify additional acceptance conditions for individual foreign CAs' certificates, enabling a calibrated approach: a CA from a jurisdiction with strong PKI standards might face lighter conditions than one from a jurisdiction where standards are less developed. In practice, formal Section 19 recognition has been relatively rare — India's cross-border e-commerce typically operates through other authentication mechanisms — but the provision is increasingly relevant for cross-border legal proceedings and international trade documentation.

Legal Evolution

Section 19 was in the original IT Act 2000, modelled on cross-border recognition provisions in international PKI frameworks. The UNCITRAL Model Law on Electronic Signatures (2001) similarly addresses cross-border recognition. India has not widely exercised Section 19, but the provision becomes increasingly relevant as international e-commerce and cross-border legal proceedings involve foreign digital signatures.

Key Amendments

Unchanged since the original IT Act 2000.