Table of Contents
Section 9 — Grounds for Rejection to Access in Certain Cases
In one line: Section 9 is a narrow, copyright-specific exemption. The PIO may reject a request if disclosure would 'involve an infringement of copyright subsisting in a person other than the State'.
Key points
- Protects third-party copyright only — not State copyright.
- Usually invoked against patent specifications, proprietary software, published works not in government domain.
- Overlaps with Section 8(1)(d) commercial confidence; Section 9 is narrower.
Legislative history
No amendments.
Rulings and references
- ICAI v. Shaunak H. Satya, (2011) 8 SCC 781 — limited copyright recognition in professional examination materials.
- CIC decisions — Section 9 does not apply to copies of tender documents authored by public authorities themselves.
Practical note
If Section 9 is invoked, ask: who owns the copyright? If the State, Section 9 does not apply. If a third party, consider inspection (Section 2(j)(i)) as an alternative — reading is not infringement.
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 9.
- 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