Table of Contents
Section 5 — Designation of Public Information Officers
In one line: Section 5 obliges every public authority to designate Central/State Public Information Officers (CPIOs/SPIOs) and Assistant PIOs within 100 days of commencement. Sub-sections 5(4) and 5(5) create the 'deemed CPIO' doctrine — any officer whose assistance the PIO seeks becomes personally liable.
Key points
- 5(1) — every public authority to designate CPIOs within 100 days of enactment.
- 5(2) — APIOs at sub-divisional level to receive applications and forward.
- 5(3) — CPIO shall deal with requests and assist applicants.
- 5(4) — CPIO may seek assistance of any other officer.
- 5(5) — Any officer whose assistance has been sought shall be 'deemed to be a CPIO' for the purposes of any contravention of the Act.
Legislative history
No amendments.
Rulings and references
- CIC F.No.CIC/OK/A/2006/00163 — deemed CPIO personally liable for delays.
- Anjali Bhardwaj v. UoI, (2020) 11 SCC 345 — supervisory duty of Commissions extends to ensuring proper designation under 5(1).
- DoPT Circular F.No.1/8/2007-IR — Section 5(5) liability.
Practical note
The deemed-CPIO rule is the counter to 'file is with another officer' refusals. Always ask for the file movement register to identify who actually held your file; that officer becomes the Section 5(5) deemed CPIO and is the target for Section 20 penalty.
Call to action
For drafting RTIs or appeals engaging this section, use the First RTI template or the First Appeal template. See How to fill an RTI application for structural help.
Related
Sources
- Right to Information Act, 2005, Section 5.
- RTI (Amendment) Act, 2019 (where applicable).
- DPDP Rules, 2025, notified 14 November 2025 (where applicable).
- Department of Personnel and Training, Guide on the RTI Act, 2005.
Last reviewed on: 21 April 2026