(1) No person shall publish a electronic signature Certificate or otherwise make it available to any other person with the knowledge that—
(a) the Certifying Authority listed in the certificate has not issued it; or
(b) the subscriber listed in the certificate has not accepted it; or
(c) the certificate has been revoked or suspended,
unless such publication is for the purpose of verifying a electronic signature created prior to such suspension or revocation.
(2) Any person who contravenes the provisions of sub-section (1) shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
Legal Commentary & Landmark Judgments: Section 73
Section 73 penalizes the publication of a Digital Signature Certificate false in certain particulars, making it a criminal offence to publish a certificate knowing that the CA did not issue it, that the subscriber did not accept it, or that it has been revoked or suspended.
When prosecuting or defending a Section 73 charge, the key factual battleground is 'knowledge' at the time of publication; produce server access logs and Certificate Revocation List publication records to establish or rebut deemed knowledge of revocation.