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CCTV Footage: How to Get a Copy Before It Is Overwritten

A recording of what happened to you probably exists right now. The only real question is whether it will still exist by the time you get around to asking, because most systems write over their own footage on a fixed cycle and nobody sends you a warning the week before yours is due to go.

So the first move is not the application. It is working out who physically holds that hard disk, because that one fact decides whether the Right to Information Act reaches the footage at all, or whether you need a completely different route.

Step one: who is holding the recording?

The RTI Act only works against a public authority. It does not reach a private camera, however badly you need what is on it.

Footage the RTI Act can reach, because a public authority holds it:

Footage the RTI Act does not reach, because the holder is private:

There is a third situation worth knowing about. If the police have already collected private footage during an investigation, a copy now sits with a public authority, and it becomes RTI information in their hands. That does not make it easy, because an ongoing investigation brings Section 8(1)(h) into play, and that clause exempts “information which would impede the process of investigation or apprehension or prosecution of offenders”. But the record has changed hands, and a refusal under that clause has to be reasoned rather than reflexive. See when Section 8(1)(h) can and cannot be used.

If your holder is a co-operative society or an NGO, the answer is not automatic. See when a body counts as substantially financed before assuming either way.

Step two: the clock you are actually racing

There is no retention period in the RTI Act. Nothing in it tells any public authority how long to keep video. What exists is a Supreme Court direction for police stations, and then a patchwork of internal policies that you only find out about when someone tells a tribunal.

Who holds it What is on the record about how long it is kept Source
A police station 18 months. If the equipment cannot manage that, the maximum period the equipment allows and “in any case, not below 1 year” Supreme Court direction, 2 December 2020
A public authority, in general Nothing fixed. It is whatever that body's own storage policy happens to be, and you usually learn it only in the reply The RTI Act sets no retention rule
Western Railway, Dadar foot over bridge The railway told the Commission that footage was auto deleted after 30 days because of storage capacity CIC decision, 6 November 2018
A State Bank of India branch The bank's CPIO told the Commission that under its SOP footage is auto deleted after 90 days CIC decision, 9 August 2023
A private holder No general rule at all Assume the shortest case

Read the middle rows properly. Those are two decided appeals about two specific systems in two specific years. They are not national retention rules and nobody should quote them as such. What they are is evidence of the range: one public authority erased in a month, another in three.

The working assumption that keeps you safe is that you have days, not weeks. Send the preservation request the same week the incident happens, even if you have not yet decided whether to file anything at all. Preserving costs you a stamp. Losing the footage costs you the case.

Route 1: RTI, when a public authority holds it

Video is squarely inside the Act, and a PIO cannot say otherwise

Two definitions settle this before any argument starts.

Section 2(f) defines information to include “data material held in any electronic form”. A CCTV recording is exactly that.

Section 2(j) then defines the right itself, and clause (iv) is the one to quote in your application. The right to information includes “obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode”. The drafters in 2005 were thinking of video cassettes, but “any other electronic mode” carries the clause forward to a pen drive.

Clause (i) of the same sub-section gives you a second, quieter option that most applicants never use: the right to “inspection of work, documents, records”. You can ask to view the footage at the office instead of asking for a copy of it. That matters, and there is a reason to prefer it, below.

Section 7(9) then says information “shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources”. So asking for it on a pen drive is a normal request, not a special favour.

The 48 hour proviso, and when it genuinely applies

Section 7(1) gives the PIO thirty days. Its proviso gives you a much shorter clock: “Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.”

Be honest with yourself about whether you are inside it. The proviso is about information that concerns life or liberty, and PIOs read it narrowly. Footage of a custodial assault, a person who has not come out of a police station, a threat to life, or an injury being denied treatment is a real case for it. Footage of a parking dispute or a boundary wall is not, and claiming the proviso there gets your whole application treated as inflated.

If you are inside it, say so on the face of the application. Write the words life or liberty, cite the proviso, and give the one or two facts that make it true. A PIO who ignores a properly grounded 48 hour request has done something quite different from being late by a week.

Work out your own dates on the RTI Timeline Tracker so you know exactly when the reply became overdue.

Step three: write around the refusal before you receive it

Footage refusals are not usually about secrecy. They are about the other people in the frame. Three provisions do nearly all the work, and you can defuse all three in the way you word the request.

Section 8(1)(g) exempts information whose disclosure “would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement”. This gets used for station and platform footage on security grounds.

Section 8(1)(j) exempts “personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual”. Every stranger who walked past the camera is a third party with a privacy interest, and this is the single most common reason a footage request dies.

Section 11 is not an exemption, it is a delay. If the information relates to a third party, the PIO must give that third party written notice “within five days from the receipt of the request”. The third party then gets ten days to object, and the PIO's deadline stretches to forty days from your original request. On a system that erases at thirty days, Section 11 alone can outlive your footage.

Four wording choices deal with most of this.

  1. Cut the window down to minutes. Do not ask for a day, or even an hour. Ask for 14:05 to 14:20 on a stated date. A narrow window is smaller, cheaper, easier to redact and much harder to refuse as a fishing expedition.
  2. Name the camera, not the building. Ask for the camera covering the main gate, or the second floor corridor outside room 214. If you do not know the camera numbering, describe the location precisely and ask the PIO to identify the camera that covers it.
  3. Ask for the segment in which you yourself appear. This is the strongest single move against Section 8(1)(j). You are not a third party to yourself, and a request framed around your own presence in a public area of a public building is a very different thing from asking for everything the camera saw.
  4. Pre-empt the privacy objection in the application itself. State that you have no objection to other faces being masked or blurred, that you will accept still frames if full video cannot be released, and that you are willing to inspect the footage at the office under Section 2(j)(i) instead of taking a copy. An inspection often clears a privacy objection that a copy could not, because nothing leaves the building.

Send the preservation request as a separate letter on the same day. It is not an RTI application, it asks for nothing to be given to you, and it therefore has no thirty day clock to sit inside. All it does is put the holder on notice that a specific recording is required as evidence, which makes routine deletion a much more awkward thing to explain later.

Use the AI RTI Drafter to turn the specifics below into a clean application.

Two decided appeals that show both ways this fails

Failure one: the footage was already gone. In Priyansu S Mishra v. PIO and Sr. DSC, RPF, Western Railway (CIC/WRAIL/A/2017/135249, decided 6 November 2018), the appellant asked for CCTV footage of the middle portion of the foot over bridge at Dadar station for 13 August 2016, between 7.30 pm and 8.15 pm. The CPIO first denied it under Section 8(1)(g). The railway later explained that the footage had been auto deleted after 30 days for want of storage capacity. Information Commissioner Amitava Bhattacharyya directed the CPIO to supply what was on record free of charge, or else to file an affidavit confirming the auto deletion. Note what the applicant was left holding: an affidavit about a recording that no longer existed.

Failure two: the footage was refused for privacy. In Amit Bhargava v. CPIO, State Bank of India, RBO-4, Delhi (CIC/SBIND/A/2022/633451, decided 9 August 2023), the appellant asked for complete CCTV recordings of all public access areas of a branch across six separate time periods spread over 2019 and 2021. The CPIO said no recording was available, and told the Commission that under the bank's SOP footage is auto deleted after 90 days. Information Commissioner Saroj Punhani upheld the denial, holding that the material sought carried elements of personal information of third parties under Sections 8(1)(g) and 8(1)(j).

Both requests were wide, both were late, and both failed. A fifteen minute window, asked for in the same month, framed around the applicant's own presence, is a materially different application.

Route 2: when the holder is private

No RTI application will help you here. Four things will.

  1. A written preservation request to the occupier. Hand it over against an acknowledgement on your copy, or send it by email and registered post. There is no prescribed form. Give the date, the time window, the location of the camera and one line on why it is needed. This is the step that costs nothing and cannot be done late.
  2. Ask the investigating officer to collect it. Once you have given information of a cognizable offence, the police can require production. Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lets a court issue a summons and an officer in charge of a police station issue a written order requiring a person to produce a document or thing, and it now expressly covers “electronic communication, including communication devices, which is likely to contain digital evidence”. Ask in writing that the IO collect the footage and record the seizure, and keep a copy of that written request.
  3. Ask the court to summon it. If a case is already before a court, or once one is, an application under the same Section 94 asks the court to summon the recording from whoever holds it.
  4. Use the regulator, if the holder is your service provider. A bank, insurer or telecom operator has a grievance channel and an ombudsman above it, and both can call for the footage. For a failed cash withdrawal, start from ATM cash not dispensed but debited.

One line on what happens afterwards. Video is an electronic record, so putting it before a court brings in the certificate under Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023. Getting hold of the footage and getting it admitted are two separate jobs, and the second one is set out at the Section 63 certificate for electronic evidence.

Police station footage has its own rulebook

This is the one category where the Supreme Court has fixed the answers, and where you should never accept a vague reply.

In Paramvir Singh Saini v. Baljit Singh (SLP (Criminal) No. 3543 of 2020, decided 2 December 2020), a bench of Justices R.F. Nariman, K.M. Joseph and Aniruddha Bose directed the following.

Where the cameras must be. Paragraph 16 lists them: all entry and exit points, the main gate, all lock-ups, all corridors, the lobby and reception area, all verandas and outhouses, the Inspector's room, the Sub-Inspector's room, the areas outside the lock-up room, the station hall, the front of the police station compound, outside (not inside) washrooms and toilets, the Duty Officer's room, and the back part of the police station.

What they must record. The systems “must be equipped with night vision and must necessarily consist of audio as well as video footage”.

How long the recording must survive. “CCTV cameras must then be installed with such recording systems so that the data that is stored thereon shall be preserved for a period of 18 months.” Where the equipment on the market cannot store that long, States must buy equipment allowing “the maximum period possible, and, in any case, not below 1 year”.

Your right to have it secured. Paragraph 20 records that where there is a human rights violation, “the victim has a right to have the same secured”. Complaints go to the State Human Rights Commission and to the Human Rights Court for the district, and the Court states that the Commission or Court “can then immediately summon CCTV camera footage in relation to the incident for its safe keeping”. That is a far faster instrument than an RTI application, and it does not depend on the police station's cooperation.

Who is answerable. The judgment sets up a State Level Oversight Committee, a District Level Oversight Committee and a Central Oversight Body for the central agencies. The DLOC includes the District Magistrate and the Superintendent of Police, and it is a legitimate address for a written complaint that a station's cameras were not working on a given date.

Now the reality check, because a citizen guide that stops at the direction is not much use. Compliance has been poor enough that the Supreme Court took up the question again on its own. On 4 September 2025 it registered a suo motu case, In Re: Lack of Functional CCTVs in Police Stations (SMW(C) No. 7/2025), before Justices Vikram Nath and Sandeep Mehta, and it has been examining installation, functioning and preservation since.

The practical consequence is this. Ask two questions, not one. Ask for the footage, and separately ask whether the cameras at that station were functional on that date, when they were last audited, and for how long that station's system retains data. A reply that the cameras were not working is itself a document, and it is the document a Human Rights Commission, a DLOC, or a court will want to see.

Related reading: RTI for arrest and custody records and custodial death and torture compensation.

Sample RTI application for CCTV footage

To
The Public Information Officer
[Name and full address of the public authority]

Subject: Request for information under Section 6(1) of the Right to Information
Act, 2005 (video record)

Sir / Madam,

I request the following information under Section 6(1) of the RTI Act, 2005.

1. A copy of the CCTV recording of the camera covering [exact location, for
   example: the main gate / the corridor outside Room 214 / the reception
   counter] at [name of the office or premises], for the period from
   [HH:MM] to [HH:MM] on [DD/MM/YYYY].

2. The camera identification number of that camera, and the total number of
   cameras covering the said location on that date.

3. The retention period after which recordings from that system are deleted or
   overwritten, and a copy of the office order, circular or SOP that fixes it.

4. Whether the said camera was functional throughout the period at item 1, and
   if not, a copy of the fault or maintenance record for that date.

Form in which the information is sought: under Section 2(j)(iv) and Section 7(9)
of the Act, on a pen drive or CD. I am willing to pay the prescribed cost.

I confirm that I am myself present in the recording sought at item 1, and this
request is limited to that period.

I have no objection to the faces of other individuals being masked or blurred
before the copy is supplied. If a copy cannot be supplied, I request inspection
of the said recording under Section 2(j)(i) of the Act at your office, on a date
convenient to you.

[Include the next paragraph only where it is genuinely true.]
This information concerns the life and liberty of a person, namely [state the
fact in one line]. I therefore request that it be provided within forty-eight
hours as required by the proviso to Section 7(1) of the Act.

The prescribed application fee is enclosed by [Indian Postal Order number / court
fee stamp / online payment reference]. For a central public authority the fee is
Rs 10 under Rule 3 of the Right to Information Rules, 2012. For a state public
authority, check the fee fixed by your own state's rules. No fee is payable by a
person below the poverty line, on producing the certificate.

Yours faithfully,
[Name]
[Full postal address, mobile number, email]
[Date and place]

Sample preservation letter (send this the same day)

This is not an RTI application. Send it to whoever physically holds the recording, public or private, and keep the acknowledgement.

To
The Branch Manager / The Station House Officer / The Secretary, [Society] /
The Occupier, [Premises]
[Full address]

Subject: Preservation of CCTV recording of [DD/MM/YYYY] required as evidence

Sir / Madam,

An incident concerning me took place at [exact location] on [DD/MM/YYYY]
between [HH:MM] and [HH:MM]. The camera covering [describe location] would have
recorded it.

The recording is required as evidence in a proceeding that is being initiated /
is pending [give the FIR or complaint or case number if there is one].

I request you to preserve the recording of that camera for that period, and not
to allow it to be deleted or overwritten by any automatic process, until the
proceeding is concluded or until a competent authority directs otherwise. I also
request you to confirm in writing that it has been preserved, and to state the
date on which it would otherwise have been overwritten.

A copy of this letter is being sent to [the police station / the investigating
officer, where relevant].

Yours faithfully,
[Name, address, mobile, email]
[Date]

Received by: ________________  Name: ________  Designation: ________  Date: ______

If the reply says the footage is already gone

You cannot restore an overwritten recording, and no commission or court can either. What you can still do is convert the loss into a usable record.

Five mistakes that lose the footage

Frequently asked questions

Can I get CCTV footage from a police station under RTI?

Yes, a police station is a public authority and a recording is information under Section 2(f). Expect refusals under Sections 8(1)(g) and 8(1)(j). If the body you are asking is one that a State Government has notified as an intelligence or security organisation under Section 24(4), the Act largely does not apply to it, but the proviso keeps the door open: information “pertaining to the allegations of corruption and human rights violations” is not excluded. Say so expressly where that is your case. Ask narrowly, ask for the segment in which you appear, and run the human rights route in parallel.

How long must a police station keep its CCTV footage?

The Supreme Court directed in Paramvir Singh Saini, on 2 December 2020, that recording systems be installed so the data “shall be preserved for a period of 18 months”, and where equipment cannot manage that, for the maximum possible period and in any case not below one year. Whether a given station has complied is a separate question, and one worth asking in writing.

Can a mall or a private hospital be asked for footage under RTI?

No. The RTI Act applies to public authorities. For a private holder, send a written preservation request, and reach the footage through the investigating officer or through a court summons under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The PIO refused, saying it invades other people's privacy. What now?

Reframe rather than argue. Narrow the window to minutes, limit the request to the segment in which you yourself appear, state in writing that you accept masked faces or still frames, and offer to inspect the recording at the office under Section 2(j)(i) instead of taking a copy. Then carry that reframed position into the first appeal under Section 19(1).

Does the 48 hour rule apply to CCTV footage?

Only when the information genuinely concerns the life or liberty of a person, which is what the proviso to Section 7(1) says. Custody, a disappearance, a threat to life or a denial of emergency treatment can qualify. A property or service dispute does not, and stretching it weakens the rest of your application.

Can I ask for footage in which someone else is the victim?

You can ask, but expect Section 8(1)(j) and a Section 11 third party notice, and the forty day timeline in Section 11(3) may outlive the recording. A request by or with the written authority of the person shown is far stronger than a request by a stranger.

The reply says the footage was auto deleted. Can the PIO be penalised?

Not for the deletion itself, if it happened automatically before your application. Section 20(1) penalises refusing a request without reasonable cause, or delaying it, so the penalty question turns on how your application was handled. What you should extract instead is a written statement of the deletion date and the policy behind it.

Will the footage be accepted as evidence in court?

Only with the certificate required by Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023, in the format of the Schedule to that Act. Ask the public authority for the recording and the certificate together, because going back for the certificate months later is much harder.

Is there a better order to do all this in?

Yes. Preservation letter on day one, to the holder. RTI application on day one or two, if the holder is a public authority. A written request to the investigating officer, if a criminal case exists. Then the first appeal only if the reply is refused or absent. The full sequence, with the timelines, is set out in The RTI Playbook.

Sources