Right to Information Act, 2005 — Complete Study Notes | CSS ADDA

🔔 Act No. 22 of 2005 | As amended up to 18th Nov 2025 | Amended by: RTI (Amendment) Act 2019, J&K Reorganisation Act 2019, DPDP Act 2023 | Section 8(1)(j) substituted w.e.f. 13-11-2025

📜 RTI Act — Study Notes

Right to Information
Act, 2005

Act No. 22 of 2005 | As Amended up to 18th Nov 2025 | Department of Personnel & Training

Extent: Whole of India

Sections: 31 + 2 Schedules

Time Limit: 30 days (48 hrs life/liberty)

Penalty: ₹250/day, max ₹25,000

Amended: 2019 & 2023 (DPDP)

PREAMBLE

Object & Reasons of the Act

Right to Information Act, 2005 (No. 22 of 2005)

📜 Preamble — Four Recitals

The Constitutional & Democratic Foundation

WHEREAS the Constitution of India has established a Democratic Republic;

AND WHEREAS democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments accountable;

AND WHEREAS revelation of information is likely to conflict with other public interests including efficient operations, fiscal resources and confidentiality;

AND WHEREAS it is necessary to harmonize these conflicting interests while preserving the paramountcy of the democratic ideal.

📌 Amending Acts (3 Amendments)

1. RTI (Amendment) Act, 2019 (24 of 2019) — term/salary of CIC/IC prescribed by Central Govt. 2. J&K Reorganisation Act, 2019 (34 of 2019) — "except J&K" omitted w.e.f. 31-10-2019. 3. Digital Personal Data Protection Act, 2023 (22 of 2023) — Section 8(1)(j) substituted w.e.f. 13-11-2025.

CHAPTER I

Preliminary

Sections 1 & 2

SECTION 1

Short Title, Extent & Commencement

📌This Act may be called the Right to Information Act, 2005.
🗺️Extends to the whole of India. J&K exclusion removed w.e.f. 31-10-2019
⚡Immediate effect: Sec 4(1), Sec 5(1)&(2), Sec 12, 13, 15, 16, 24, 27, 28.
📅Remaining provisions: 120th day of enactment = 12th October 2005.

SECTION 2

Definitions — 14 Key Terms

In this Act, unless the context otherwise requires, the following terms have the meanings assigned below:

Term — Clause	Definition
Appropriate Government — 2(a)	In relation to a public authority established, constituted, owned, controlled or substantially financed by funds provided — (i) by the Central Government or UT administration → the Central Government; (ii) by the State Government → the State Government.
Central Public Information Officer — 2(c)	The CPIO designated under Section 5(1); includes a Central Assistant Public Information Officer designated under Section 5(2).
Competent Authority — 2(e)	(i) Speaker — House of the People or State Legislative Assembly; (ii) Chairman — Council of States or State Legislative Council; (iii) Chief Justice of India — Supreme Court; (iv) Chief Justice of HC — High Court; (v) President or Governor — other authorities under the Constitution; (vi) Administrator appointed under Article 239.
Information — 2(f) ⭐	Any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form, and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
Prescribed — 2(g)	Means prescribed by rules made under this Act by the appropriate Government or the competent authority, as the case may be.
Public Authority — 2(h) ⭐	Any authority or body or institution of self-government established or constituted — (a) by or under the Constitution; (b) by any law made by Parliament; (c) by any law made by State Legislature; (d) by notification or order by the appropriate Government. Also includes: (i) body owned, controlled or substantially financed; (ii) NGO substantially financed directly or indirectly by funds provided by the appropriate Government.
Record — 2(i)	Includes — (a) any document, manuscript and file; (b) any microfilm, microfiche and facsimile copy of a document; (c) any reproduction of image or images embodied in such microfilm; (d) any other material produced by a computer or any other device.
Right to Information — 2(j) ⭐	The right to information accessible under this Act, held by or under the control of any public authority, and includes the right to — (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or any other electronic mode or printouts.
Third Party — 2(n)	A person other than the citizen making a request for information and includes a public authority.

🏛 Govt. of India Decisions — Section 2 (Definitions)

📢 Oral Instructions Must Be Recorded (SC — T.S.R. Subramanian v. UOI, 2013)

⚖️SC directed that all oral instructions by superiors must be recorded in writing for accountability. Oral directions, if not recorded, defeat the object of the RTI Act and give room for favouritism and corruption.

📋 Form of Information — PIO Cannot Ask to Download from Website

🚫PIO cannot ask applicant to download from website. Must provide hard copies on payment of cost.

📝 File Notings — Can Be Disclosed (DoPT O.M. 23 June 2009)

✅File notings can be disclosed except notings containing information exempt under Sec 8.

🏛️ Public Authority — Co-operative Societies (SC — Thalappalam, 2013)

⚖️A co-operative society is not a PA unless it is controlled or substantially financed by Govt. Burden to prove → on the applicant or appropriate Govt.

💰 Substantial Finance (SC — D.A.V. College v. DPI, 2019)

⚖️If NGOs/bodies get substantial finance from Govt, citizens can ask how their money is used. Grant-in-aid covering ~50% expenditure or 95% of salary = substantially financed = Public Authority.

🏛️ Ministers Are NOT Public Authority (Delhi HC — UOI v. CIC, 2017)

⚖️Delhi HC set aside CIC decision declaring Ministers as "public authority" under Sec 2(h). CIC had gone beyond scope of the matter.

🔑 Opinions, Hypothetical Questions & Creation of Info

🚫Opinions: "Opinion" is "information" only if held in material form. PIO gives information, not personal opinion.
🚫Hypothetical questions: PIO not obligated to create info, interpret info, or furnish replies to hypothetical questions.
🚫Information in memory: No obligation to disclose information existing only in memory of a public authority.
✅Gazette info: Even if info is in Gazette, PIO is bound to furnish — cannot ask applicant to search elsewhere.
✅Unsigned documents: Copies of unsigned documents can be provided, certifying they are unsigned.

🗑️ Destruction / Weeding of Records

📋If records destroyed per procedure → PIO must provide copy of rules under which files were weeded out + certificate to that effect.
📋If records untraceable (not confirmed non-existent) → PIO must demonstrate diligent search was conducted.

📄 Compilation of Information — PIO Cannot Reshape Info (DoPT O.M.)

🚫PIO shall supply material in the form as held by the PA. Not required to deduce conclusions from the material. PIO is not required to do research on behalf of the citizen.
📋If info sought in photocopy form → provide photocopy. If in floppy → provide in floppy. But PIO shall not re-shape the information.

📋 Form of Access — Cannot Create If Not Available in Requested Form

🚫If requested info is not available in electronic form, it does not have to be created for the appellant.

⚖️ Appropriate Forum — RTI Is Not for Entitlements

📋RTI liability is only to furnish information on "as it is" "where it is" basis. If earned leave is wrongly calculated → agitate before Competent Authority. RTI is not the forum for going into entitlements and calculations.

🎥 Videography — Not Prohibited

✅If applicant wishes to make copies of records given for inspection at his own expense, PA cannot object to the form (including videography). No provision in the Act disallowing it, provided it is restricted to permissible information.

👤 Information Held by Citizen Himself

📋If citizen already holds the info (e.g., copies of his own letters to PA) → PA need only confirm whether or not his letters were received and their dates. PA has no obligation beyond this.

CHAPTER II

Right to Information & Obligations of Public Authorities

Sections 3 to 11

SECTION 3

Right to Information — All Citizens

Subject to the provisions of this Act, all citizens shall have the right to information. Only citizens — not corporations, societies, foreigners or other legal entities.

🏛 Govt. of India Decisions — Section 3

👤 Who Is a "Citizen"? — DoPT Guide & CIC Ruling

📋DoPT Guide (Para 8): Act gives right only to citizens. Not to corporations, associations, companies etc. But if employee/office bearer applies in his own name as a citizen → info may be supplied.
✅Even if info sought by office bearer of an Association/Union → treated as valid under RTI Act.

SECTION 4

Obligations of Public Authorities — Suo Motu Disclosure

4(1)(a) — Maintain all records duly catalogued, indexed and computerized through network.

4(1)(b) — Publish within 120 days and update annually the following 17 categories:

①Organisation, functions and duties
②Powers and duties of officers/employees
③Decision-making procedure, supervision and accountability
④Norms for discharge of functions
⑤Rules, regulations, instructions, manuals and records
⑥Categories of documents held
⑦Arrangements for public consultation / representation
⑧Boards, councils, committees — whether meetings are public
⑨Directory of officers and employees
⑩Monthly remuneration of each officer/employee
⑪Budget, plans, expenditures and disbursements
⑫Subsidy programmes — amounts and beneficiaries
⑬Recipients of concessions, permits, authorizations
⑭Information in electronic form
⑮Facilities for citizens — library/reading room hours
⑯Names, designations of PIOs
⑰Such other information as prescribed

4(1)(c) — Publish all relevant facts while formulating important policies. 4(1)(d) — Provide reasons for administrative/quasi-judicial decisions to affected persons.

4(2) — It shall be a constant endeavour of every public authority to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act.

4(3) — Every information shall be disseminated widely and in such form and manner which is easily accessible to the public.

4(4) — All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area. Information should be easily accessible, to the extent possible in electronic format with the PIO, available free or at such cost of the medium or print cost price as may be prescribed.

🏛 Govt. of India Decisions — Section 4

💻 Computerization of Land Records Directed

📢CIC directed Chief Secretary, NCT Delhi to ensure land records are catalogued, indexed, computerized & networked per Sec 4(1)(a). Govt to make finances available.

📌 Display Boards in Local Language Directed

📢CIC directed display board in Telugu at prominent places showing PIO/FAA particulars + designate APIOs at Anganwadis.

💰 Compensation for Non-Publication — Landmark

⚖️CIC awarded ₹1,000 each for non-publication of Old Age Pension beneficiaries under Sec 4(1)(b)(xiii) r/w 4(1)(d). Penalty u/s 20 not applicable, but compensation u/s 19(8)(b) payable.

🌐 Continuous Improvement of Voluntary Disclosure

📢Sec 4(2)&(3) calls for continuous improvement. Citizen can complain if Dept has not updated information causing damage.

SECTION 5

Designation of Public Information Officers

👤Within 100 days of enactment, every PA shall designate CPIOs/SPIOs in all administrative units.
📍Also designate Assistant PIOs at sub-divisional/sub-district level to receive applications and forward them.
📅If application given to APIO → 5 extra days added to the response period of Sec 7(1).
🤝PIO shall render reasonable assistance to persons seeking information.
📋PIO may seek assistance of any other officer → that officer treated as PIO for contraventions.

🏛 Govt. of India Decisions — Section 5

📝 Can APIO Sign a Response Letter?

✅No legal difficulty in PIO using APIO to transmit his decision. But order must clearly state it was from PIO, with PIO's name & designation. APIO's role is limited to receiving & forwarding.

🤝 Courtesy — DoPT O.M. (24 June 2008)

📢PIO's duty is not confined to furnishing info — also to provide necessary help and be courteous. Respect dignity of information-seeker. PIOs must attend training programmes.

🔄 Multiple PIOs — No Transfer Within Same PA

🚫If multiple PIOs in same PA → cannot ask citizen to approach another PIO or transfer to another PIO within same PA. Transfer only to another PA under Sec 6(3).

👤 Other Officers as Deemed PIO

📋PIO's colleague who was sought for assistance u/s 5(5) becomes deemed PIO and is expected to provide the required information to the PIO who received the original request.

SECTION 6

Request for Obtaining Information

📝Request in writing or electronic means in English, Hindi or official language of the area, with prescribed fee.
🗣️If person cannot write → PIO shall assist to reduce oral request in writing.
🚫Applicant NOT required to give any reason for requesting information.
🔄If information held by another PA → transfer application within 5 days and inform applicant.

🏛 Govt. of India Decisions — Section 6

🗣️ SC: PIO Must Listen & Write Down Oral Request (Aseer Jamal v. UOI, 2018)

⚖️It is obligatory on PIO to render all reasonable assistance to persons making request orally to reduce the same in writing. Assistance includes Braille script and audio files for visually impaired.

📝 Request Must Be Specific But Need Not Point to File Numbers

📋Request must specify particulars of information as defined in Sec 2(f). Cannot simply ask for "inspection of proceedings".
✅But applicant need not give file/permission numbers — common man cannot ascertain these. PIO must search records using the identifier provided (e.g., house number).

🚫 Handwritten Application Cannot Be Rejected

⚖️PIO rejected handwritten request. CIC condemned: Act specifically provides for applications "in writing". Refusal because application is handwritten = not reasonable cause u/s 20(1)&(2).

💰 Excess Fee — Cannot Reject Application

✅Rejection on ground of excess payment of fee (₹20 instead of ₹10) is not correct. Higher denomination stamps are routinely accepted by courts and authorities.

🔒 Identity of Requester — Must Not Be Disclosed (Calcutta HC — Avishek Goenka, 2013)

⚖️Authority should not insist upon requester's whereabouts. When uploading RTI replies on website, personal details of applicant (name, address, email, phone) must not be disclosed.

🔄 Transfer — Must Transfer Application, Not Merely Advise

📢Sec 6(3) requires transfer of the application to concerned PA — not simply advising applicant to make fresh application elsewhere.

🏦 Banker's Cheque Is a Pay Order

📋CIC clarified: Banker's Cheque is a cheque issued by the Bank itself (commonly called "pay order"), not from personal account. It is valid for fee payment.

🤝 Personal Discussion with Requester — Recommended

📢CIC recommended: in all such matters, it is better to call the petitioner for a discussion about what precise information he seeks. Personal discussion would have avoided litigation.

📍 Address of NGO ≠ Institutional Request

✅Appellant applied in his own name but gave address of an NGO. CIC held: merely giving address of an NGO does not imply the institution is seeking information.

🔄 DoPT Transfer Guide — 4 Scenarios (O.M. 12 June 2008)

①Info concerns another PA: Transfer application. If PIO cannot identify the PA → inform applicant; PIO must prove he made reasonable efforts.
②Part info with PA, part with another PA: Supply own part + send copy of application to other PA.
③Info scattered with multiple PAs: Supply own part + advise applicant to make separate applications. Act uses singular "another public authority" not "other public authorities".
④Info concerns a State Govt PA: Inform applicant; need not transfer to State Govt/UT.

SECTION 7

Disposal of Request — Time Limits

⏰7(1): Provide information within 30 days of receipt of request. If life or liberty concerned → within 48 hours.
⏰35 days — If application received via APIO (+5 days). 40 days — Third party information (Sec 11).
⚠️7(2): If no decision within the prescribed time → deemed refusal.

💰Further fee: If additional cost involved → PIO intimates details + calculations. Period between intimation & payment excluded from 30-day count.
♿Sensorily disabled: PIO shall provide appropriate assistance for inspection.
🆓BPL persons: No fee charged. Also, if PA fails to comply with time limit → information provided free of charge.
📋On rejection: PIO must communicate reasons, appeal period, and appellate authority details.
📄Information in the form sought unless it would disproportionately divert resources or harm the record.

🏛 Govt. of India Decisions — Section 7

📬 Proof of Dispatch Recommended

📢CIC recommended PIOs should ensure proof of dispatch — send replies under UPC cover or by Registered/Speed Post.

⏰ Life & Liberty — What Qualifies (CIC Ruling)

⚖️For 48-hour treatment: application must be accompanied with substantive evidence (e.g., medical report) that threat to life/liberty exists.
📢Programmes for demolition of inhabited structures = concern for life & liberty. CPIO must satisfy himself before ruling otherwise.

💰 Fees — SC: RTI Fee vs. Institutional Fee (ICSI v. Paras Jain, 2019)

⚖️If candidate seeks info under RTI Act → payment as per RTI Rules only. If under institution's own guidelines → institution may charge its own fees. The two avenues are not mutually exclusive.

🗣️ Language Assistance (Delhi HC — Suresh Chand Gupta)

⚖️If petitioner not conversant in English → PIO must allow inspection with assistance of counsel or someone conversant in English. Denial = withholding access.

📋 DoPT Format for RTI Replies (O.M. 6 Oct 2015)

📋Reply must contain: (i) RTI application number & date; (ii) name/designation/phone/email of CPIO; (iii) if denied → detailed reasons citing relevant sections; (iv) if transferred → details of other PA; (v) First Appeal details with name/address/phone/email of FAA; (vi) certified copies endorsed "True copy supplied under RTI Act" with CPIO signature + seal.

🚫 Rejecting Request — Must Cite Specific Section & Give Reasons

⚠️Merely quoting bare clause of Sec 8 without justification = malafide denial attracting penalties u/s 20(1). PIO must intimate how and why the exemption is applicable.
📋PIO should: (a) indicate section and clause under which request rejected; (b) give grounds for exemption; (c) give own name and name of appellate officer; (d) give clear-cut replies to all queries.

📄 Sec 7(9) — Disproportionate Diversion Is NOT an Exemption

⚠️Sec 7(9) does NOT authorize a PA to deny information. It simply allows providing info in a different form easy to access (e.g., hard copy instead of electronic if converting hundreds of files would be disproportionate).
📋Can also be used for scoping — appellant directed to minimize and prioritize requirement, keeping cost-effectiveness in mind.

SECTION 8

Exemption from Disclosure — 10 Clauses

Clause	Exempted Information
8(1)(a)	Prejudicially affects sovereignty, integrity, security, strategic/scientific/economic interests, foreign relations, or leads to incitement of offence
8(1)(b)	Forbidden by court/tribunal to publish, or constitutes contempt of court
8(1)(c)	Would cause breach of privilege of Parliament or State Legislature
8(1)(d)	Commercial confidence, trade secrets, IP — unless larger public interest warrants disclosure
8(1)(e)	Available in fiduciary relationship — unless larger public interest warrants
8(1)(f)	Received in confidence from foreign Government
8(1)(g)	Would endanger life/physical safety or identify confidential source
8(1)(h)	Would impede investigation, apprehension or prosecution
8(1)(i)	Cabinet papers incl. deliberations of Council of Ministers, Secretaries. Proviso: Decisions + reasons made public after matter is complete
8(1)(j) DPDP 2023	Information which relates to personal information [Substituted w.e.f. 13-11-2025 by DPDP Act]

⚠️ Key Provisos & Overrides

▪️8(2) — Public Interest Override: Notwithstanding Official Secrets Act 1923 or any exemption in 8(1), PA may allow access if public interest in disclosure outweighs harm to protected interests.
▪️8(3) — 20-Year Rule: Except clauses (a), (c) and (i), any information relating to an event 20+ years old shall be provided to any person.

🏛 Govt. of India Decisions — Section 8 (Exemptions)

🏛️ Sub-Judice Matters — No Blanket Exemption

⚖️RTI Act provides no exemption for sub-judice matters. Only exemption in 8(1)(b) is what a court has expressly forbidden to publish or what constitutes contempt. A person who goes to court cannot be denied information about himself on pretext of sub-judice.

📜 Drafts of Judgments — Not Disclosable (CIC Full Bench)

⚖️Draft judgments, jottings and notes by judges while hearing cases are not part of record "held" by the PA. Any intrusion in judicial work under RTI is unnecessary. Sec 8(1)(b) gives total discretion to the court/tribunal.

🏦 Bank Defaulters List — Must Be Disclosed (SC — RBI v. Jayantilal Mistry, 2015)

⚖️SC upheld 11 CIC decisions directing RBI to disclose list of bank defaulters. Information about top defaulters must be brought to citizens' knowledge. RBI's claim of fiduciary capacity was totally misconceived.
📢"All information held by them is owned by citizens, who are sovereign." CIC directed RBI to display defaulter list on website under Sec 4(1)(b)(xvii).

📄 Contracts — Not Confidential After Completion

✅A contract with a PA is not "confidential" after completion. Quotations/bids/tenders before conclusion = trade secret. Once concluded → confidentiality cannot be claimed.
✅Jharkhand HC: Once tender is decided and work order issued → tender documents cannot be kept secret as trade secret. Disclosure shows transparency in Govt activities.

📋 CBSE v. Aditya Bandopadhyay — Evaluated Answer Scripts (SC, 2011)

⚖️Examining bodies must permit inspection of evaluated answer scripts. RTI is a cherished right. But equal importance given to exemptions in Sec 8(1) — PIO must balance disclosure against exemptions based on facts.

⚖️ Sec 8(2) — "Legal Revolution" (SC — Yashwant Sinha v. CBI, 2019)

⚖️Justice K.M. Joseph: Sec 8(2) is a "legal revolution" — none of the exemptions in Sec 8(1) or Official Secrets Act can block access if public interest in disclosure outweighs harm.
📢RTI Act through Sec 8(2) conferred a "priceless right" — citizens can demand info even on matters of national security and foreign relations if public interest is established.

👤 Personal Info — Travelling Expenses, Leave Records, ACRs

✅Travel expenses charged to public account cannot be denied as "personal info" — they are public records.
✅LTC disbursals: Amounts claimed, block years, sanction details → disclosable. Names of family members, age → personal, not disclosable. Use Sec 10 to sever.
🚫Leave records: Personal info with no public interest → not disclosable. But number of officials on leave (without names) → can be disclosed.
✅ACRs: SC in Dev Dutt v. UOI (2008) — Every entry (not just adverse) must be communicated to employee. Non-communication = arbitrary, violates Art 14. Grading chart (not detailed ACRs) → disclosable.
✅Marks of selected candidates: Selection to Govt post = larger public interest. Info about marks of self + selected candidates must be furnished.

📅 Time-Limited Exemptions — Perpetual vs. 20-Year

📋Perpetual exemptions (no 20-year limit): Clauses (a), (c) and (i) — sovereignty, parliamentary privilege, cabinet papers.
📋Time-limited exemptions (20-year limit): Clauses (b), (d), (e), (f), (g), (h) and (j) — cannot be applied on records more than 20 years old.

🔒 Classification as "Confidential" — OSA Overridden

⚖️Classification as "confidential" under Official Secrets Act cannot withhold info — Sec 22 gives RTI Act overriding effect. Appellate Authority cannot withhold on ground of OSA classification. However, PA may classify items under Sec 8(1) as confidential, limiting other authorities' discretion.

📂 8(1)(b) — Court Records & Sub-Judice Matters

📋Court records: If court rules permit furnishing copies of affidavits/documents to third parties → must furnish. If rules silent → furnish. If rules prohibit → communicate relevant rules.
⚠️Sub-judice matters: RTI Act provides NO exemption for sub-judice matters. Only what a court has expressly forbidden or what constitutes contempt is exempt. Mere pendency of litigation ≠ exemption.
⚖️Contempt: Sec 3 of Contempt of Courts Act 1971 — publication is contempt only if judicial proceeding is pending (after charge-sheet filed). Publication before charge-sheet → not contempt.

🏛️ 8(1)(b) — Drafts of Judgments Not Disclosable (CIC Full Bench)

⚖️Draft judgments, jottings by judges = not part of record "held" by PA. SC in Surendra Singh v. State of UP: "Draft judgments, however heavily signed, are not the judgments." Any RTI intrusion into judicial work is unnecessary.

🏛️ 8(1)(c) — Breach of Privilege of Parliament

📋Committee of Privileges (14th Lok Sabha): Situations include — proceedings of secret sittings (Rule 248); proceedings/evidence/report of a Parliamentary Committee before it is reported to the House.
🚫Submissions made before a Parliamentary Standing Committee are treated as confidential. Documents become property of Parliament. Department cannot disclose without Committee's authorization.

📝 8(1)(d) — Civil Services Examination Marks (Delhi HC)

⚖️Delhi HC directed UPSC to disclose: marks obtained in Prelims, cut-off marks, and model answers. SC dismissed UPSC's SLP as UPSC had already changed examination pattern.

📋 8(1)(d)(e) — IT Returns = Fiduciary; Legal Opinion = Fiduciary

🚫IT Returns: Filed in fiduciary capacity, include commercial activities details, relate to third person → exempt u/s 8(1)(j).
🚫Legal opinion obtained from an advocate → justifiably denied u/s 8(1)(d) and (e) (fiduciary capacity).

⚖️ 8(1)(e) — Tax Evasion Petition — Access Is Rule, Exemption Is Exception (Delhi HC)

⚖️Delhi HC in Bhagat Singh v. CIC: Access to information is the rule, exemptions under Sec 8 are the exception. Sec 8 being a restriction on fundamental right must be strictly construed.
📋Mere existence of investigation cannot be ground for refusal. Authority must show satisfactory reasons why release would hamper investigation — reasons must be germane and opinion reasonable.

🛡️ 8(1)(g) — Interview Board Names Endanger Lives (SC)

⚖️SC in Bihar PSC v. Saiyed Hussain Abbas Rizwi: Disclosure of names and addresses of Interview Board members would ex facie endanger their lives or physical safety.

🛡️ 8(1)(g) — Police Visitors Register Not Disclosable

🚫If Visitors Register of police crime offices made openly accessible → may compromise sources of information and endanger visitors' lives. Exemption u/s 8(1)(g) fully applies.

📋 8(1)(h) — FIR Must Be Uploaded Online (SC — Youth Bar Association, 2016)

⚖️SC directed: FIRs (except sensitive — sexual offences, terrorism, POCSO) shall be uploaded on police website within 24 hours (extendable to 48-72 hrs for connectivity issues).
📋Accused entitled to copy of FIR on payment of fee, within 24 hours. Decision not to upload → only by officer not below DSP rank.

🔍 8(1)(h) — "Investigation" Includes Departmental Inquiry

⚖️CIC Division Bench: "Investigation" u/s 8(1)(h) should be construed broadly — includes all enquiries, verification of records, assessments in specific cases. Investigation complete only when competent authority makes determination about culpability.
📋In vigilance/misconduct/disciplinary cases → assumption of continuing investigation till competent authority decides. Premature disclosure of investigation report can permanently tar employee's reputation even if eventually exonerated.
📢But once charge sheet served, cannot plead continuing investigation. Each case examined independently on facts.

📁 8(1)(i) — Cabinet Papers — Detailed CIC Rulings

📋Arvind Kejriwal case: Since decision on FDI in Single Brand Retail was taken and notified and no Sec 8 exemption claimed → Cabinet note and Cabinet decision should have been furnished, applying severability under Sec 10(1).
⚖️Mercy petition files: File notings/correspondence between MHA and President's Secretariat are NOT part of "ministerial advice" protected by Art 74(2). They are "material" on which advice is based → disclosable after testing against Sec 8. Names of officials may be severed u/s 8(1)(g).
📋CIC interpretation: Sec 8(1)(i) exempts — (i) cabinet papers; (ii) deliberations of (a) Council of Ministers, (b) Secretaries, (c) other officers. Decisions + material → disclosed after matter complete. But deliberations of Secretaries/officers (unconnected with cabinet decision) → may remain exempt.

👤 8(1)(j) — SC: Girish Ramchandra Deshpande v. CIC (2012)

⚖️SC held: Copies of memos, show cause notices, orders of censure/punishment = personal information u/s 8(1)(j). Performance of employee is matter between employee and employer governed by service rules.
📋Disclosure would cause unwarranted invasion of privacy. But if PIO/AA satisfied that larger public interest justifies disclosure → appropriate orders could be passed. Petitioner cannot claim as matter of right.

🔑 8(1)(j) — Personal Information: CIC Full Bench Guidelines (G.R. Rawal, 2008)

📋Personal info includes: name, address, occupation, physical/mental/medical status, financial status (income, assets, liabilities), hobbies. These are confidential — one may not wish to share with outsiders.
⚖️Normal rule: non-disclosure of private life. Disclosure ordered only when overriding public interest exists — and Sec 11 procedure must be followed.
📢Test: All information unrelated to a public activity/interest and relating to/originating in a person → "personal information" u/s 8(1)(j). But info may acquire public face due to specific circumstances.
📋"Personal information" means info about a third party, not the information-seeker himself. If one seeks info about his own case → question of invasion of own privacy does not arise.

🏛️ 8(1)(j) — Privacy Is a Constitutional Right (SC — Puttaswamy, 2017)

⚖️SC (9-judge bench): Privacy is a constitutionally protected right under Art 21. "Informational privacy" is a facet of right to privacy. Court recommended a robust data protection regime.

📋 8(1)(j) — Selection Process, DPC, Caste, Medical, Property Returns

✅Selection process: Selection to Govt post involving thousands of candidates = larger public interest. Marks of self + selected candidates must be furnished.
📋DPC proposals: PIO should follow Sec 11 procedure (third party notice) + Sec 10 (severability). DPC proforma info disclosable, but individual ACRs shall not be furnished.
📋Caste status: Generally personal info exempt u/s 8(1)(j). But if person used caste for appointment under reserved quota → caste enters public domain → disclosable.
🚫Medical records: Fall under personal information exempt u/s 8(1)(j), unless larger public interest justifies.
✅Immovable property returns of IAS/IPS/IFS officers → disclosable. Exemption u/s 8(1)(j) rejected. Sec 11 not attracted.
🚫Meta request (names/addresses of other RTI applicants) = personal info, exempt. But number of RTI applications received → can be disclosed.

SECTION 9

Grounds for Rejection — Copyright Infringement

🚫PIO may reject request where providing access would involve infringement of copyright subsisting in a person other than the State.

SECTION 10

Severability — Partial Access

✂️Where part of record is exempt → access may be provided to the non-exempt part which can reasonably be severed from exempt information.
📋PIO gives notice: (a) only part provided after severance; (b) reasons + findings; (c) name/designation of decision-maker; (d) fee details; (e) appeal rights.

SECTION 11

Third Party Information

👥If information relates to/supplied by third party and treated as confidential → PIO gives written notice within 5 days of receipt of request.
📝Third party gets 10 days from notice to make representation against proposed disclosure.
📅PIO's decision: within 40 days of original request (if third party was given opportunity).
⚖️Except trade/commercial secrets protected by law → disclosure allowed if public interest outweighs harm.
📤Third party entitled to prefer appeal under Sec 19 against the decision.

🏛 Govt. of India Decisions — Section 11

🚫 Third Party Has No Automatic Veto

⚖️RTI Act does not give third party an automatic veto on disclosure. PIO/AO must examine third party's case under Sec 8(1)(j) or Sec 11(1), assess facts, and pass a speaking order.

👥 Huge Number of Third Parties — Hear Representatives

📋Where number of third parties is 800+ → AA may choose to hear representatives from samples of large, medium and small investors, then pass a speaking order.

📋 Sec 7(7), 11 & 7(1) Must Be Read Together

⚖️When info has a third party link → PIO must consult/hear the third party before any decision (either to provide or reject). Hearing is both a procedural and substantive requirement. Third party may have no objection, in which case disclosure can be authorized even for prima facie personal info.

⚖️ Public Authority Can Appeal as Third Party (CIC Full Bench)

📋"Third party" under Sec 2(n) includes PA. If CPIO decides to disclose info treated as confidential by another PA → that PA can appeal u/s 19(2). The word "person" (not defined in Act) is wide enough to include a PA as a juristic entity.

CHAPTER III

The Central Information Commission

Sections 12 to 14

SECTION 12

Constitution of CIC

🏛️Constituted by Central Government by notification in Official Gazette.
👤Consists of: Chief Information Commissioner + not exceeding 10 Information Commissioners.
📋Appointed by President on recommendation of committee: (i) Prime Minister (Chairperson); (ii) Leader of Opposition in Lok Sabha; (iii) Union Cabinet Minister nominated by PM.
⭐Persons of eminence in public life with wide knowledge in law, science & technology, social service, management, journalism, mass media or administration.
🚫Not an MP/MLA, not hold office of profit, not connected to political party, not carry on business/profession.
📍HQ at Delhi; may establish other offices with CG approval.

🏛 Govt. of India Decision — SC Office as Public Authority

⚖️ SC Office Is a PA — Judges' Asset Declarations (SC — CPIO, SC v. Subhash Chandra Agarwal, 2010)

⚖️SC upheld CIC order directing CPIO of Supreme Court to furnish information on judges who had declared their assets. Such disclosure does not impinge on personal information/privacy of judges.
📋Fiduciary relationship rule u/s 8(1)(e) is inapplicable. However, details and contents of personal assets in the declaration would attract public interest test u/s 8(1)(j) and proviso to Sec 11(1). For such details → Sec 11(1) procedure must be followed (third party notice to judges).

SECTION 13

Term of Office & Conditions of Service Amended 2019

📅CIC/IC term: As prescribed by Central Govt [earlier: 5 years]. Not eligible for reappointment. Max age: 65 years.
🔄IC eligible for appointment as CIC. Aggregate term as IC+CIC: not more than 5 years.
💰Salaries, allowances, terms: As prescribed by Central Govt [earlier: equivalent to CEC/EC]. Shall not be varied to disadvantage after appointment.
📜Oath/affirmation before President as per First Schedule.

📜 THE FIRST SCHEDULE — [See Sections 13(3) and 16(3)]

Form of Oath or Affirmation: "I, ……, having been appointed CIC / IC / SCIC / SIC swear in the name of God / solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."

SECTION 14

Removal of CIC or Information Commissioner

⚖️Removed by President on ground of proved misbehaviour or incapacity — after Supreme Court inquiry.
⏸️President may suspend during inquiry.
🚫President may also remove without SC reference if: (a) insolvent; (b) convicted of moral turpitude; (c) paid employment outside duties; (d) unfit (infirmity); (e) acquired prejudicial financial interest.

CHAPTER IV

The State Information Commission

Sections 15 to 17

SECTION 15

Constitution of SIC

🏢Constituted by State Govt. SCIC + not exceeding 10 SICs.
📋Appointed by Governor on recommendation: (i) Chief Minister (Chairperson); (ii) Leader of Opposition in State Assembly; (iii) Cabinet Minister nominated by CM.
⭐Same qualifications and disqualifications as CIC/IC.

SECTION 16

Term & Conditions Amended 2019

📅SCIC/SIC term: As prescribed by Central Govt. Max age: 65 years. No reappointment.
💰Salaries: Prescribed by Central Govt [earlier: equivalent to CEC/EC at State level].
📜Oath before Governor as per First Schedule.

SECTION 17

Removal of SCIC or SIC

⚖️Removed by Governor on ground of proved misbehaviour/incapacity after Supreme Court inquiry. Same grounds as Sec 14.

CHAPTER V

Powers and Functions of the Information Commissions, Appeal and Penalties

Sections 18 to 20

SECTION 18

Powers & Functions of Information Commissions

🔍Receive and inquire into complaints: (a) no PIO appointed; (b) APIO refused to accept application; (c) access refused; (d) no response within time; (e) unreasonable fee; (f) incomplete/misleading/false info; (g) any other matter.
⚖️Same powers as a Civil Court: summoning, compelling evidence on oath, requiring documents, receiving affidavits, requisitioning public records, issuing summons.
📂May examine any record under control of PA during inquiry — no record may be withheld.

SECTION 19

Appeal — Two Tiers

📤First Appeal: To officer senior to PIO within 30 days. Disposed within 30–45 days.
📤Second Appeal: To CIC/SIC within 90 days. Onus of proof on PIO who denied request. Decision of Commission is binding.

📋19(1) First Appeal: Within 30 days from expiry of time/receipt of decision → to officer senior in rank to PIO. May admit after 30 days if sufficient cause.
📋19(2) Third Party Appeal: Against Sec 11 disclosure order — within 30 days from date of order.
📋19(3) Second Appeal: Within 90 days → to CIC/SIC. May admit late if sufficient cause.
⚖️19(5): Onus to prove denial justified → on the PIO who denied.
📅19(6): First appeal disposed within 30 days, extendable to 45 days (reasons in writing).
🔒19(7): Decision of CIC/SIC is binding.
📢19(8) Powers: (a) require PA to provide access / appoint PIO / publish info / change practices / provide training / annual report; (b) compensate complainant; (c) impose penalties; (d) reject.

🏛 Govt. of India Decisions — Section 19

💰 Compensation Must Be Claimed Separately

⚖️Compensation cannot be claimed from penalty imposed. Must be claimed separately u/s 19(8)(b). Damages must be established by the appellant.

🎓 CIC Directs Training Programmes

📢CIC directed: PA should have training programmes for staff dealing with RTI. Staff should be referred to CIC website for decisions. Appellate Authority must ensure proactive info is updated periodically.

⚖️ First Appeal Is Quasi-Judicial — Speaking Orders Mandatory

📋DoPT Guide (Para 38): Deciding appeals is a quasi-judicial function. Appellate authority should ensure justice is not only done but appears to have been done. Order must be a speaking order giving justification.
📢Appellate Authority must give notices to PIO & Appellant, conduct hearing, pass speaking orders, communicate to PIO under intimation to appellant. Failure to act = dereliction of statutory responsibility.

🚫 PIO Cannot Intercept First Appeal & Decide It Himself

⚖️Order on first appeal was communicated under signature of PIO. CIC held: PIO putting himself in the shoes of Appellate Authority is against the letter and spirit of the Act.

🚫 PIO Cannot File Appeal with CIC Against AA's Order

📋PIO is the information provider, not seeker. There is no provision in RTI Act to consider appeals/complaints by the PIO against the order of an appellate officer.

📝 Drafting an Appeal & Fresh Grounds

📋Appeal should be drafted in a simple, direct manner — brief, not unnecessarily long or couched in legalese.
🚫Fresh grounds for information cannot be urged at appellate levels unless warranted, if not raised at PIO level.

⏰ Deemed Refusal by Appellate Authority

📋If Appellate Officer fails to pass order within 45 days of appeal → construed as deemed refusal.

🚫 CIC Has No Executive Authority — Cannot Order Changes in Records

📋CIC is not empowered to order changes in revenue records (Adangal). This power vests in Executive Authority. RTI has not empowered the second appellate court with executive authority.

⏰ Third Party Appeal — 30 Days from Date of Order (Not Receipt)

⚠️Under Sec 19(2), third party's appeal against disclosure order: 30 days from the date of the order itself — not from date of receipt. Appellate Authority has no discretion to admit third party appeal after 30 days (unlike Sec 19(1) for requester).

SECTION 20

Penalties — ₹250 per Day, Max ₹25,000

💰 Penalty Provisions

▪️20(1): If PIO without reasonable cause — refused to receive application, not furnished info in time, malafidely denied, gave incorrect/incomplete/misleading info, destroyed information, obstructed → penalty of ₹250 each day till application received/info furnished. Max: ₹25,000.
▪️PIO given reasonable opportunity of being heard. Burden of proving reasonable & diligent action on PIO.
▪️20(2): If PIO persistently fails → Commission shall recommend disciplinary action under service rules.

🏛 Govt. of India Decisions — Section 20

⚖️ SC: Opportunity of Hearing Before Penalty (Manohar Manikrao v. State of Maharashtra, 2012)

⚖️Before imposing penalty u/s 20(1), Commission must give reasonable opportunity of being heard. For Sec 20(2) (disciplinary action recommendation), power may impose penal consequences, so hearing is implicit.

💰 Penalty Is Personal Liability — Cannot Use Govt Counsel

⚖️Uttarakhand HC: Once penalty imposed u/s 20 on PIO → it is liability in persona. If PIO wants to challenge, must file writ in individual capacity with private advocate — cannot use Chief Standing Counsel or state money.

🤝 Due Diligence — "Reasonable Cause" Defence

📋If delay caused by logistics of collecting info from multiple sources, absence on leave, and lack of familiarity with RTI processes → may meet test of "reasonable cause". But CPIO should keep applicant periodically informed about progress.

CHAPTER VI

Miscellaneous

Sections 21 to 31

SECTION 21

Protection of Action Taken in Good Faith

🛡️No suit, prosecution or legal proceeding against any person for anything done in good faith under this Act.

SECTION 22

Overriding Effect

⚡Provisions of this Act have effect notwithstanding anything inconsistent in the Official Secrets Act, 1923 and any other law for the time being in force.

🏛 Govt. of India Decisions — Section 22

⚖️ SC: RTI Act vs. Gujarat HC Rules (CIC v. HC of Gujarat, 2020)

⚖️SC held: Gujarat HC Rule 151 (third party must file affidavit to get certified copies) is not inconsistent with RTI Act — it merely lays down a different procedure. In absence of inherent inconsistency, overriding effect of RTI Act does not apply.
📋For information on the judicial side → access through High Court Rules mechanism, not RTI Act.

📋 Lokayukta Confidentiality Overridden

⚖️CIC rejected Lokayukta's claim of confidentiality u/s 10(2)(a) of AP Lokayukta Act 1983. As per Sec 22 of RTI Act, provisions of RTI have overriding effect on all other laws — "there is nothing confidential under the Act."

SECTION 23

Bar of Jurisdiction of Courts

🚫No court shall entertain any suit/application regarding orders under this Act. Orders challenged only by appeal under this Act.

🏛 Govt. of India Decisions — Section 23

🚫 Consumer Forum Has No Jurisdiction (NCDRC, 2015)

⚖️NCDRC held: Person seeking info under RTI cannot be said to be a consumer vis-à-vis the PA. Jurisdiction of Consumer Fora is barred by necessary implication under Sec 23.
📢No complaint alleging deficiency in services rendered by CPIO/PIO is maintainable before a Consumer Forum. Consumer fora are "courts" for purposes of Sec 23.

SECTION 24

Act Not to Apply to Certain Organisations

🔐Intelligence and security organisations in the Second Schedule are exempt.
⚠️Proviso: Information pertaining to allegations of corruption and human rights violations shall NOT be excluded.
📅For human rights violations → information only after CIC/SIC approval, within 45 days.
📋CG may amend Second Schedule by notification. State Govts may also specify exempt organisations.

SECTION 25

Monitoring & Reporting

📊CIC/SIC prepares annual report on implementation, forwards to appropriate Govt.
📋Report includes: number of requests, refusals (with sections invoked), appeals, disciplinary actions, fees collected, recommendations for reform.
🏛️Report laid before each House of Parliament / State Legislature.

SECTION 26

Appropriate Govt to Prepare Programmes

🎓Develop educational programmes (especially for disadvantaged communities); train PIOs; promote dissemination.
📖Compile a guide within 18 months of commencement in official language containing: objects, PIO addresses, manner of request, remedies, fee notices etc.

SECTIONS 27–31

Rules, Laying, Power to Remove Difficulties & Repeal

📜Sec 27: Appropriate Govt may make rules by notification. Sec 28: Competent authority may make rules.
📋Sec 29: CG rules laid before each House of Parliament (30 days). State rules laid before State Legislature.
⚖️Sec 30: Power to remove difficulties — CG may make provisions by order (within 2 years of commencement).
🗑️Sec 31: The Freedom of Information Act, 2002 (5 of 2003) is hereby repealed.

SECOND SCHEDULE

Intelligence & Security Organisations (26 Bodies)

#	Organisation
1	Intelligence Bureau
2	Research & Analysis Wing (incl. Aviation Research Centre)
3	Directorate of Revenue Intelligence
4	Central Economic Intelligence Bureau
5	Directorate of Enforcement
6	Narcotics Control Bureau
8	Special Frontier Force (Cabinet Secretariat)
9	Border Security Force
10	Central Reserve Police Force
11	Indo-Tibetan Border Police
12	Central Industrial Security Force
13	National Security Guards
14	Assam Rifles
15	Sashastra Seema Bal
16	DG Income Tax (Investigation)
17	National Technical Research Organisation
18	Financial Intelligence Unit, India
19	Special Protection Group
20	Defence Research & Development Organisation
21	Border Road Development Board
22	National Security Council Secretariat
23	Central Bureau of Investigation
24	National Investigation Agency
25	National Intelligence Grid
26	Strategic Forces Command

⚠️ Remember — Exempt But Not Fully

Even these 26 organisations must provide information pertaining to allegations of corruption and human rights violations (Sec 24 proviso). For human rights violations → only after CIC approval, within 45 days.

SUPREME COURT

CBSE v. Aditya Bandopadhyay (2011)

⚖️ Civil Appeal No. 6454/2011

PIO is NOT Required To:

(1) Collect or collate non-available information; (2) Furnish info requiring drawing of inferences/assumptions; (3) Provide 'advice' or 'opinion' to applicant; (4) Create information that doesn't exist; (5) Interpret information or solve problems; (6) Reply to hypothetical questions.

The reference to 'opinion'/'advice' in Sec 2(f) only refers to material already in records.

SUMMARY

Complete Section-wise Summary

All 31 Sections with Sub-sections — At a Glance

Section	Sub-section	Subject Matter
CHAPTER I — PRELIMINARY (Sections 1–2)
Section 1	1(1)	Short title — Right to Information Act, 2005
	1(2)	Extent — whole of India [J&K exclusion removed w.e.f. 31-10-2019]
	1(3)	Commencement — Sec 4(1), 5(1)&(2), 12, 13, 15, 16, 24, 27, 28 at once; remaining after 120 days (12 Oct 2005)
Section 2	2(a)	Appropriate Government — CG/UT funded → Central Govt; State funded → State Govt
	2(b)	Central Information Commission — constituted under Sec 12(1)
	2(c)	CPIO — designated under Sec 5(1); includes Central APIO under Sec 5(2)
	2(d)	CIC & Information Commissioner — appointed under Sec 12(3)
	2(e)	Competent Authority — Speaker, Chairman, CJI, CJ of HC, President/Governor, Administrator under Art 239
	2(f) ⭐	Information — any material in any form incl. records, memos, e-mails, opinions, samples, models, electronic data + private body info accessible by PA
	2(g)	Prescribed — by rules made by appropriate Govt or competent authority
	2(h) ⭐	Public Authority — established under Constitution/Parliament/State law/Govt notification; includes body substantially financed & NGO substantially financed by Govt
	2(i)	Record — document, manuscript, file, microfilm, microfiche, computer-produced material
	2(j) ⭐	Right to Information — inspection, notes/extracts/certified copies, certified samples, electronic mode/printouts
	2(k)	State Information Commission — constituted under Sec 15(1)
	2(l)	SCIC & State IC — appointed under Sec 15(3)
	2(m)	SPIO — designated under Sec 5(1); includes State APIO under Sec 5(2)
	2(n)	Third Party — person other than requesting citizen; includes a public authority
CHAPTER II — RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES (Sections 3–11)
Section 3	—	All citizens shall have the right to information (subject to the Act)
Section 4	4(1)(a)	Maintain all records duly catalogued, indexed & computerized through network
	4(1)(b)(i)	Publish: particulars of organisation, functions and duties
	4(1)(b)(ii)	Publish: powers and duties of officers and employees
	4(1)(b)(iii)	Publish: procedure in decision-making, channels of supervision & accountability
	4(1)(b)(iv)	Publish: norms set for discharge of functions
	4(1)(b)(v)	Publish: rules, regulations, instructions, manuals and records
	4(1)(b)(vi)	Publish: statement of categories of documents held
	4(1)(b)(vii)	Publish: arrangements for consultation with / representation by public
	4(1)(b)(viii)	Publish: boards, councils, committees — whether meetings open to public
	4(1)(b)(ix)	Publish: directory of officers and employees
	4(1)(b)(x)	Publish: monthly remuneration of each officer/employee
	4(1)(b)(xi)	Publish: budget allocated, plans, expenditures and disbursements
	4(1)(b)(xii)	Publish: subsidy programmes — amounts allocated & details of beneficiaries
	4(1)(b)(xiii)	Publish: recipients of concessions, permits or authorizations
	4(1)(b)(xiv)	Publish: information available in electronic form
	4(1)(b)(xv)	Publish: facilities for citizens — library/reading room working hours
	4(1)(b)(xvi)	Publish: names, designations & particulars of PIOs
	4(1)(b)(xvii)	Publish: such other information as may be prescribed; update annually
	4(1)(c)	Publish all relevant facts while formulating important policies
	4(1)(d)	Provide reasons for administrative / quasi-judicial decisions to affected persons
	4(2)	Constant endeavour for suo motu disclosure through internet at regular intervals
	4(3)	Disseminate widely in easily accessible form and manner
	4(4)	Disseminate considering cost-effectiveness, local language, electronic format — free or at prescribed cost
Section 5	5(1)	Designate CPIOs/SPIOs in all administrative units within 100 days
	5(2)	Designate Assistant PIOs at sub-divisional/sub-district level; +5 days added to response period
	5(3)	PIO shall deal with requests & render reasonable assistance
	5(4)	PIO may seek assistance of any other officer
	5(5)	Assisting officer treated as deemed PIO for purposes of contraventions
Section 6	6(1)	Request in writing or electronic means in English/Hindi/official language with prescribed fee; oral assistance if cannot write
	6(2)	No reason required for requesting information; no personal details except for contact
	6(3)	Transfer application to another PA within 5 days if info held elsewhere; inform applicant
Section 7	7(1)	Provide info within 30 days; 48 hours if life or liberty concerned
	7(2)	Failure to decide within time = deemed refusal
	7(3)	Further fee intimation with calculations; intervening period excluded from 30-day count
	7(4)	Assistance for sensorily disabled persons for inspection
	7(5)	Applicant pays prescribed fee for printed/electronic access; BPL persons — no fee
	7(6)	If PA fails to comply with time limit → information provided free of charge
	7(7)	Consider representation of third party under Sec 11 before decision
	7(8)	On rejection: communicate reasons, appeal period & appellate authority details
	7(9)	Info in form sought unless disproportionate diversion of resources or detrimental to record
Section 8	8(1)(a)	Exemption: sovereignty, integrity, security, strategic/scientific/economic interests, foreign relations, incitement
	8(1)(b)	Exemption: expressly forbidden by court/tribunal; constitutes contempt of court
	8(1)(c)	Exemption: would cause breach of privilege of Parliament or State Legislature
	8(1)(d)	Exemption: commercial confidence, trade secrets, intellectual property — unless larger public interest
	8(1)(e)	Exemption: available in fiduciary relationship — unless larger public interest
	8(1)(f)	Exemption: received in confidence from foreign Government
	8(1)(g)	Exemption: endanger life/physical safety or identify confidential source for law enforcement
	8(1)(h)	Exemption: would impede investigation, apprehension or prosecution of offenders
	8(1)(i)	Exemption: cabinet papers incl. deliberations of Council of Ministers, Secretaries; decisions made public after matter complete
	8(1)(j)	Exemption: personal information [Substituted by DPDP Act 2023 w.e.f. 13-11-2025]
	8(2)	Public interest override — access allowed if public interest outweighs harm; overrides OSA 1923
	8(3)	20-year rule — exemptions (b)(d)(e)(f)(g)(h)(j) lapse after 20 years; clauses (a)(c)(i) are perpetual
Section 9	—	Reject if request involves copyright infringement subsisting in person other than the State
Section 10	10(1)	Severability — provide non-exempt part after severing exempt part from the record
	10(2)	Give notice: only part provided; reasons; name of decision-maker; fee details; appeal rights
Section 11	11(1)	Third party info: PIO gives written notice within 5 days; invites submission on disclosure
	11(2)	Third party gets 10 days from notice to make representation against proposed disclosure
	11(3)	PIO decides within 40 days of original request; gives written notice of decision to third party
	11(4)	Notice includes statement that third party may prefer appeal under Sec 19
CHAPTER III — THE CENTRAL INFORMATION COMMISSION (Sections 12–14)
Section 12	12(1)	CG constitutes CIC by notification in Official Gazette
	12(2)	CIC consists of: Chief Information Commissioner + not exceeding 10 Information Commissioners
	12(3)	Appointed by President on recommendation of committee: PM (Chair) + Leader of Opposition (LS) + Union Cabinet Minister
	12(4)	Superintendence & management vests in CIC; autonomous, not subjected to directions by any other authority
	12(5)	Persons of eminence in public life with wide knowledge in law, science, social service, management, journalism, admin
	12(6)	Not MP/MLA; not hold office of profit; not connected with political party; not carry on business/profession
	12(7)	Headquarters at Delhi; may establish other offices with CG approval
Section 13	13(1)	CIC term: as prescribed by Central Govt [Amended 2019]; not eligible for reappointment; max age 65
	13(2)	IC term: as prescribed by CG [Amended 2019] or till age 65 (whichever earlier); IC eligible for appointment as CIC (aggregate max 5 years)
	13(3)	Oath/affirmation before President as per First Schedule
	13(4)	May resign by writing to President; may be removed under Sec 14
	13(5)	Salaries & allowances: as prescribed by CG [Amended 2019]; not varied to disadvantage after appointment
	13(6)	CG to provide officers & employees for efficient performance
Section 14	14(1)	Removal by President on proved misbehaviour/incapacity after Supreme Court inquiry
	14(2)	President may suspend during inquiry
	14(3)	President may remove without SC reference: (a) insolvent; (b) moral turpitude; (c) paid employment; (d) unfit (infirmity); (e) prejudicial financial interest
	14(4)	If interested in Govt contract/profit → deemed guilty of misbehaviour
CHAPTER IV — THE STATE INFORMATION COMMISSION (Sections 15–17)
Section 15	15(1)	State Govt constitutes SIC by notification
	15(2)	SIC consists of: SCIC + not exceeding 10 State Information Commissioners
	15(3)	Appointed by Governor on recommendation: CM (Chair) + Leader of Opposition (State Assembly) + Cabinet Minister
	15(4)	Superintendence vests in SCIC; autonomous
	15(5)	Persons of eminence — same qualifications as Sec 12(5)
	15(6)	Same disqualifications as Sec 12(6)
	15(7)	HQ at place specified by State Govt; may establish other offices with State Govt approval
Section 16	16(1)	SCIC term: as prescribed by CG [Amended 2019]; not eligible for reappointment; max age 65
	16(2)	SIC term: as prescribed by CG [Amended 2019] or till age 65; SIC eligible as SCIC (aggregate max 5 years)
	16(3)	Oath/affirmation before Governor as per First Schedule
	16(4)	May resign by writing to Governor; may be removed under Sec 17
	16(5)	Salaries: as prescribed by CG [Amended 2019]; not varied to disadvantage
	16(6)	State Govt to provide officers & employees
Section 17	17(1)	Removal by Governor after Supreme Court inquiry for misbehaviour/incapacity
	17(2)	Governor may suspend during inquiry
	17(3)	Governor may remove without SC reference — same 5 grounds as Sec 14(3)
	17(4)	If interested in State Govt contract/profit → deemed guilty of misbehaviour
CHAPTER V — POWERS AND FUNCTIONS, APPEAL AND PENALTIES (Sections 18–20)
Section 18	18(1)(a)	Complaint: unable to submit request — no PIO appointed or APIO refused to accept
	18(1)(b)	Complaint: refused access to information
	18(1)(c)	Complaint: no response within time limit
	18(1)(d)	Complaint: unreasonable fee charged
	18(1)(e)	Complaint: given incomplete, misleading or false information
	18(1)(f)	Complaint: any other matter relating to requesting/obtaining access to records
	18(2)	Commission may initiate inquiry if reasonable grounds exist
	18(3)	Same powers as Civil Court: summon, oath, documents, affidavits, requisition records, summons for witnesses
	18(4)	May examine any record under control of PA — no record may be withheld on any ground
Section 19	19(1)	First Appeal: to officer senior to PIO within 30 days (condonable)
	19(2)	Third party appeal against Sec 11 disclosure order — within 30 days (NOT condonable)
	19(3)	Second Appeal: to CIC/SIC within 90 days (condonable)
	19(4)	If appeal relates to third party info → give reasonable opportunity of hearing to third party
	19(5)	Onus of proof: on PIO who denied the request
	19(6)	Dispose first appeal within 30 days, extendable to 45 days (reasons in writing)
	19(7)	Decision of CIC/SIC shall be binding
	19(8)(a)	Power: require PA to secure compliance — provide access, appoint PIO, publish info, change practices, training, annual report
	19(8)(b)	Power: require PA to compensate complainant for any loss or detriment suffered
	19(8)(c)	Power: impose any penalties provided under this Act
	19(8)(d)	Power: reject the application
	19(9)	Give notice of decision including right of appeal to complainant and PA
	19(10)	Decide appeal in accordance with prescribed procedure
Section 20	20(1)	Penalty: ₹250/day, max ₹25,000 — for refusal, delay, malafide denial, false/incomplete/misleading info, destruction, obstruction; PIO given hearing; burden on PIO
	20(2)	Persistent failure → recommend disciplinary action under service rules
CHAPTER VI — MISCELLANEOUS (Sections 21–31)
Section 21	—	Protection of action taken in good faith — no suit/prosecution shall lie
Section 22	—	Overriding effect over Official Secrets Act, 1923 and any other law
Section 23	—	Bar of jurisdiction of courts — orders challenged only by appeal under this Act
Section 24	24(1)	Act not applicable to intelligence/security organisations in Second Schedule; Proviso: corruption & human rights info NOT excluded
	24(1) Proviso 2	Human rights violation info → only after CIC approval, within 45 days
	24(2)	CG may amend Second Schedule by notification (add/remove organisations)
	24(3)	Every notification laid before each House of Parliament
	24(4)	State Govt may specify exempt intelligence/security organisations by notification; same provisos apply
	24(5)	Every State notification laid before State Legislature
Section 25	25(1)	CIC/SIC prepares annual report on implementation; forwards to appropriate Govt
	25(2)	Each Ministry/Dept collects & provides info to CIC/SIC for annual report
	25(3)	Report includes: (a) requests; (b) refusals with sections; (c) appeals & outcomes; (d) disciplinary actions; (e) fees; (f) compliance efforts; (g) reform recommendations
	25(4)	Report laid before each House of Parliament / State Legislature
	25(5)	Commission may give recommendation to PA if practice does not conform with Act
Section 26	26(1)(a)	Develop educational programmes for public (especially disadvantaged communities)
	26(1)(b)	Encourage PAs to participate in & organise programmes
	26(1)(c)	Promote timely & effective dissemination of accurate information by PAs
	26(1)(d)	Train CPIOs/SPIOs; produce relevant training materials
	26(2)	Compile guide within 18 months in official language in easily comprehensible form
	26(3)	Update & publish guide at regular intervals — includes objects, PIO addresses, manner of request, fees, remedies
	26(4)	Must update and publish guidelines at regular intervals
Section 27	27(1)	Appropriate Govt may make rules by notification in Official Gazette
	27(2)	Rules may cover: (a) cost of medium; (b) fee u/s 6(1); (c) fee u/s 7; (ca) term of CIC/IC/SCIC/SIC [Ins. 2019]; (cb) salaries [Ins. 2019]; (d) staff terms; (e) appeal procedure; (f) any other matter
Section 28	28(1)	Competent authority may make rules by notification
	28(2)	Rules may cover: (i) cost of medium; (ii) fee u/s 6(1); (iii) fee u/s 7(1); (iv) any other matter
Section 29	29(1)	CG rules laid before each House of Parliament for 30 days
	29(2)	State Govt rules laid before State Legislature
Section 30	30(1)	CG power to remove difficulties by order in Official Gazette (within 2 years of commencement)
	30(2)	Every order laid before each House of Parliament
Section 31	—	Freedom of Information Act, 2002 (5 of 2003) is hereby repealed
SCHEDULES
First Schedule	Sec 13(3), 16(3)	Form of Oath / Affirmation for CIC / IC / SCIC / SIC
Second Schedule	Sec 24	26 Intelligence & Security Organisations: IB, RAW, DRI, CEIB, ED, NCB, SFF, BSF, CRPF, ITBP, CISF, NSG, AR, SSB, DGIT(I), NTRO, FIU, SPG, DRDO, BRO, NSCS, CBI, NIA, NATGRID, SFC