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Section 402: Application of provisions of Information Technology Act, 2000

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Section 401 All 470 Sections of Companies Act Section 403
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Legal Commentary & Landmark Judgments: Section 402

Section 402 integrates the provisions of the Information Technology Act, 2000 into company administration, ensuring that rules governing electronic records, secure digital signatures, attribution, and cyber penalties apply across all corporate filings.

  • Harmonized Legislative Integration: Mandates that the Information Technology Act, 2000 and rules made thereunder apply to all applications, documents, records, and digital signatures under the Companies Act.
  • Attribution and Secure Signatures: Directs that digital signatures affixed on MCA e-forms are governed by IT Act standards regarding authentication, attribution, and non-repudiation.
  • Cyber Penalties and Fraud Prosecution: Applies IT Act penal provisions (including Section 66 for hacking, Section 71 for misrepresentation, and Section 73 for false digital signatures) to fraudulent MCA filings.
Key Landmark Precedents:
  • Shreya Singhal v. Union of India, (2015) 5 SCC 1: The Supreme Court emphasized the statutory universality of the Information Technology Act, 2000 across digital transactions and regulatory interfaces.
  • Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473: Held that statutory electronic records and certifications must satisfy specialized digital legal frameworks to retain conclusive evidentiary validity in courts of law.
Courtroom Practice & Strategic Litigation Guidance:

When initiating criminal complaints for fraudulent board restructuring or unauthorized share transfers effected via forged DSCs, plead violations of both Section 447/448 of the Companies Act and Section 66C/71 of the IT Act read with Section 402. This invokes the specialized cyber forensics machinery of law enforcement.

Section 401 All 470 Sections of Companies Act Section 403