While issuing a electronic signature Certificate, the Certifying Authority shall certify that—
(a) it has complied with the provisions of this Act and the rules and regulations made thereunder;
(b) it has published the electronic signature Certificate or otherwise made it available to such person relying on it and the subscriber has accepted it;
(c) the subscriber holds the private key corresponding to the public key, listed in the electronic signature Certificate;
(d) the subscriber's public key and private key constitute a functioning key pair;
(e) the information contained in the electronic signature Certificate is accurate; and
(f) it has no knowledge of any material fact, which if it had been included in the electronic signature Certificate would adversely affect the reliability of the representations in clauses (a) to (d).
Legal Commentary & Landmark Judgments: Section 36
Section 36 defines the statutory representations and warranties made by a Certifying Authority upon issuing a Digital Signature Certificate, guaranteeing to subscribers and relying parties that the certificate contains accurate information, has been issued in compliance with the Act, and that the subscriber holds the corresponding private key.
Relying parties suffering damages from an unauthorized corporate signature can invoke Section 36 against the Certifying Authority if the CA failed to verify the signatory's corporate board resolution; the statutory warranty overrides private disclaimer clauses in CA contracts.