Misrepresentation

According to section 71 of the IT Act

Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any licence or Digital Signature Certificate, as the case may be, 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.

This section applies to:

1.??????a person, who, for obtaining a digital signature certificate –

? a.?makes a misrepresentation to the Certifying Authority.

?b.?suppresses any material fact from the Certifying Authority.

2.??????a person obtaining a license to operate as a Certifying Authority-

?a.?makes a misrepresentation to the Controller,

? b.?suppresses any material fact from the Controller.

Let us examine the essential terms of this section.

Misrepresentation implies “presenting information incorrectly, improperly or falsely”.?There must be a deliberate intention to deceive.

Illustration

Arjun is applying for a digital signature certificate.?He fills in his name as “Rahul” and also submits photocopies of Rahul’s passport as proof of identity.

Arjun is liable for misrepresenting information to the Certifying Authority.

Suppress implies “to withhold from disclosure”.

Illustration

Grandreams Ltd is applying for a licence to become a Certifying Authority.?One of the questions in the application form is “In case any of the company directors been convicted for a criminal offence, then please mention relevant details.”

One of the Grandreams directors has been convicted in the past.?But, Grandreams officials submit the filled in form with the answer to this question being left blank.

The officials will be liable for suppressing information from the Controller.

Material fact implies something that is relevant, pertinent or essential.

The punishment provided is imprisonment up to 2 years and/or fine up to Rs. 1 Lakh.