Table of Contents
Fundamental facts every RTI applicant should know
Quick Reply: Fundamental facts every RTI applicant should know - Section 3 unconditional right, Section 7 timelines, Section 8 exemptions, fee structure.
Before you file your first RTI, know these 10 fundamental facts. They protect you against PIO stonewalling and form the citation arsenal you will use at every stage — from application to first appeal to second appeal to High Court writ.
1. The right is unconditional (Section 3)
- §3 of the RTI Act 2005: “Subject to the provisions of this Act, all citizens shall have the right to information.”
- No reason needed. §6(2) expressly forbids the PIO from asking why.
- Citation: Adesh Kumar v. UoI (Delhi HC, 2014).
2. The PIO has a duty to assist (Section 5(4))
- §5(4): PIO must seek assistance of any officer to compile the reply.
- The PIO cannot refuse on procedural grounds (vague / wrong office / not specific).
- Citation: Bhagat Singh v. CIC (Delhi HC, 2007).
3. Reply within 30 days (Section 7(1))
- Standard window: 30 days from receipt.
- 48 hours if life or liberty is at stake.
- Silence past 30 days = deemed refusal under §7(2).
4. Fee is capped (Section 7(3))
- Application fee: ₹10 (most authorities), with state variations.
- Photocopy: ₹2 per A4 page.
- §7(5) — BPL applicants pay zero.
- §7(6) — if PIO does not demand additional fee within 30 days, info MUST be supplied free.
5. Exemptions are a CLOSED LIST (Section 8 + 9)
- Only the 10 grounds in §8(1) + §9 (third-party copyright) are valid grounds for refusal.
- Anything else (irrelevance, vagueness, “you have no business asking”) is unlawful.
- §8(2) — even §8(1) exemptions yield to public interest.
6. Severability is mandatory (Section 10)
- §10(1): If part of the info is exempt, the rest must be disclosed.
- §10(2): PIO must record reasons for severance in writing.
- A blanket refusal of an entire RTI when only part is exempt is unlawful.
7. Third-party hearing is mandatory (Section 11)
- If the info pertains to a third party, PIO must serve §11 notice within 5 days.
- Third party has 10 days to respond.
- PIO must consider response before deciding.
- Citation: Arvind Kejriwal v. CPIO (Delhi HC, 2014).
8. Two-stage appeal is built in (Section 19)
- §19(1) First Appeal: to FAA, within 30 days, free.
- §19(3) Second Appeal: to CIC / SIC, within 90 days, free.
- §19(8)(b): IC may award compensation.
9. Penalty + disciplinary action (Section 20)
- §20(1): ₹250/day on PIO for malafide refusal (cap ₹25,000).
- §20(2): Disciplinary action recommended.
10. The DPDP Act 2023 has changed §8(1)(j)
- §44(3) of DPDP 2023 (in force 14 November 2025) deleted the proviso to §8(1)(j).
- Public-interest test now anchors entirely in §8(2).
- Substantive test for “personal information” unchanged: see Girish Deshpande + CPIO SC v. Subhash Agarwal.
Where this fits in your citizen workflow
- Before filing — read this page + pick a sample from sample RTI index.
- Drafting — use AI RTI Drafter.
- Tracking — use Timeline Tracker.
- First appeal — use First Appeal Builder.
- Second appeal — file directly with the SIC.
Citations and sources
- Right to Information Act, 2005 — full annotated text
- Adesh Kumar v. UoI (Delhi HC, 2014) — irrelevance is not a ground
- Bhagat Singh v. CIC (Delhi HC, 2007) — §5(4) duty
- Girish Deshpande (2013) 1 SCC 212 — §8(1)(j) test
- CPIO Supreme Court v. Subhash Agarwal (2020) 5 SCC 481 — Constitution Bench
- DPDP Act 2023 + DPDP Rules 2025 (in force 14 Nov 2025)
Related on RTI Wiki
Last reviewed: 4 May 2026.
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