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Section 68: Power of Controller to give directions to Certifying Authority or employee

Information Technology Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2000
Section 67 All 90 Sections of Information Technology Act Section 69

Legal Commentary & Landmark Judgments: Section 68

Section 68 empowers the Controller of Certifying Authorities to issue binding directions to Certifying Authorities and their employees, backing regulatory orders with criminal penalties of imprisonment up to two years and fines up to one lakh rupees for intentional disobedience.

  • Binding Regulatory Directions: Empowers the Controller to issue written orders to any Certifying Authority or employee to ensure compliance with the Act, rules, or standards.
  • Operational and Security Oversight: Authorizes directives mandating immediate rectification of security vulnerabilities, database migration, or suspension of compromised certificates.
  • Criminal Penalties for Non-Compliance: Imposes criminal punishment of imprisonment up to two years, or fine up to one lakh rupees, or both, for intentional or knowing failure to comply with lawful directions.
Key Landmark Precedents:
  • PTC India Ltd. v. Central Electricity Regulatory Commission (2010) 4 SCC 603: Constitution Bench affirmed that statutory regulatory directions backed by penal sanctions carry binding legal force throughout the regulated sector.
  • Cellular Operators Association of India v. TRAI (2016) 7 SCC 703: Supreme Court held that regulatory directives must satisfy tests of reasonableness and procedural fairness while remaining within statutory authority.
  • Sharad Kumar Sanghi v. Sangita Rane (2015) 12 SCC 781: Supreme Court emphasized that penal provisions penalizing corporate officer non-compliance require precise proof of intentional disobedience.
Courtroom Practice & Strategic Litigation Guidance:

Counsel advising Certifying Authorities must establish an urgent protocol to log, review, and execute any Section 68 directive received from the CCA; failure to comply within the specified deadline converts an administrative issue into a cognizable criminal offense.

Section 67 All 90 Sections of Information Technology Act Section 69