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Section 26: Notice of suspension or revocation of license

Information Technology Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2000
Section 25 All 90 Sections of Information Technology Act Section 27

Legal Commentary & Landmark Judgments: Section 26

Section 26 prescribes the mandatory procedure for publishing notice of suspension or revocation of a Certifying Authority's license, obligating the Controller to publish public notices in the centralized repository and public electronic databases to protect relying parties.

  • Immediate Repository Publication: Requires the Controller to publish notice of any license suspension or revocation in the national repository database without delay.
  • Multi-Channel Public Notice: Directs that the notice must be disseminated through public websites, gazettes, and commercial channels to inform existing subscribers and relying parties.
  • Constructive Notice to the Public: Establishes that publication under Section 26 operates as conclusive constructive notice that certificates issued by the affected CA are compromised or suspended.
Key Landmark Precedents:
  • B.K. Srinivasan v. State of Karnataka (1987) 1 SCC 658: Supreme Court held that publication in the prescribed public mode is essential to give legal effect to administrative actions affecting third-party rights.
  • Harla v. State of Rajasthan 1952 SCR 110: Constitution Bench affirmed that secret or unpromulgated regulatory decisions cannot bind or prejudice the public.
  • Municipal Corporation of Greater Mumbai v. Sunbeam High Tech Developers (P) Ltd. (2019) 20 SCC 781: Supreme Court reiterated the vital necessity of transparent public notice procedures when administrative authorities revoke operational licenses.
Courtroom Practice & Strategic Litigation Guidance:

Litigants relying on digital signature certificates issued near the date of a CA's license suspension must verify the Section 26 public notice timestamp; signatures affixed after publication are denied statutory legal presumption under the Evidence Act.

Section 25 All 90 Sections of Information Technology Act Section 27