Investigation RTI — §8(1)(h) + §24 proviso; FIR, case diary, closure

RTI Act §8(1)(h); §24 [intelligence agency exemption]; §24 proviso [corruption + HR carve-out]; CrPC §154 (FIR) + §161 (case diary) + §169 (closure).

• Pre-charge-sheet: exempt under §8(1)(h) — would impede prosecution.
• Post-charge-sheet (filing): generally disclosable; specific operational details may remain exempt.
• FIR copy: §155(2) CrPC + §8(1)(h) — disclosable post-investigation.
• Case diary: §172 CrPC — privilege; exempt except court order.
• Closure report: post-acceptance by court — disclosable.
• §24 intelligence agencies (IB, RAW, NIA etc.): exempt EXCEPT for corruption + HR allegations.

1. Identify investigation status — Pre-charge-sheet, post-charge-sheet filing, post-conclusion?
2. Identify the specific record — FIR, case diary, statements, exhibits, closure report?
3. Apply §8(1)(h) for live investigation — Specific impediment must be identifiable; not generic.
4. Apply §24 for intelligence agencies — Check Second Schedule + corruption/HR carve-out under proviso.
5. Apply §10 severability — Even within investigation file, some portions may be disclosable.
6. Issue speaking order — Cite specific section + Bhagat Singh standard.

To: [Applicant Name]

Subject: Reply to RTI [____] — Investigation records

Sir/Madam,

Your application sought [specific records — e.g., "complete file in CR No. 234/2025"]. The investigation is currently at [stage].

PRE-CHARGE-SHEET STAGE (where applicable):
The records are exempt under §8(1)(h) of the RTI Act, 2005 — disclosure at this stage would impede the prosecution. Specific operational details, witness identities, and investigative strategies are particularly protected.

POST-CHARGE-SHEET (where applicable):
Under the Bhagat Singh principle and SC rulings, post-charge-sheet, the §8(1)(h) exemption ceases for the substantive material. Specific portions disclosed:
- Charge-sheet text: Disclosed
- FIR text: Disclosed
- Witness identities (where revealed in charge-sheet): Disclosed; not revealed: exempt under §8(1)(g) for protection
- Forensic / scientific evidence: Disclosed where annexed to charge-sheet

§24 INTELLIGENCE AGENCY (where applicable):
For records of intelligence agencies in the Second Schedule (IB, RAW, NIA, etc.), the records are exempt EXCEPT where allegations relate to corruption or human rights violation. The specific allegations in your request are / are not within this exception.

CASE DIARY (under §172 CrPC):
The case diary maintained by IO is privileged under the Code of Criminal Procedure. Disclosure requires court order. This is in addition to RTI exemption.

Section 10 severability has been applied: portions disclosed above; portions exempt with specific reasoning.

Yours faithfully,
[Name, Designation, PIO]

Generally exempt under §8(1)(h) — disclose if no specific impediment.

Charge-sheet disclosable; case diary needs court order.

Exempt under §24; corruption/HR carve-out doesn't apply for routine intelligence.

Carve-out under §24 proviso — disclosure of allegation + investigation status mandatory.

Disclosable post-acceptance.

Court privilege + RTI exemption; very limited disclosure.

• Bhagat Singh v CIC (Delhi HC 2007) — §8(1)(h) requires specific impediment, not generic.
• Subhash Chandra Agarwal v CPIO, SC (2019) — Public-interest override for accountability questions.
• CIC, Re: Lokesh Batra v Police HQ (2014) — §24 proviso operative only for corruption/HR carve-out.
• CIC stricture series 2018-2024 — Pattern: PIOs over-cite §8(1)(h); ICs reverse for non-specific claims.

• Citing §8(1)(h) without identifying specific impediment — violates Bhagat Singh.
• Treating §24 as blanket exemption — ignores corruption/HR carve-out.
• Disclosing case diary without court order — procedural violation.
• Pre-charge-sheet disclosure without checking inquiry status.
• Post-charge-sheet refusal without re-evaluating §8(1)(h).
• Confusing CrPC privilege (e.g., §172 case diary) with RTI exemption — separate frameworks.

• Maintain a per-investigation status log — track when §8(1)(h) ceases.
• For §24 carve-out queries, consult senior officer + verify allegations before exemption decision.
• Use §10 severability for mixed files — disclose what can be safely disclosed.
• Always cite both RTI section + CrPC provision for clarity.
• For closure reports, verify court acceptance before disclosure.
• Train your team on Bhagat Singh — many over-citations of §8(1)(h) come from caution.

Generally exempt under §8(1)(h) until concluded. But if shelved (no closure report) > 5 years, public-interest case for review.

Yes for those revealed in the charge-sheet itself. No for protected witnesses; cite §8(1)(g).

Specific allegation against a specific officer; not abstract “corruption in agency”.

FIR text disclosable post-§154 registration. Specific investigative steps may be exempt.

Same RTI framework. NDPS investigations follow §8(1)(h) standard with usual scrutiny.

• pio faa knowledge base
• pio supreme court rulings
• pio section 8 1 h investigation
• act/section-8
• act/section-24

RTI Act §8(1)(h) + §24; Bhagat Singh v CIC (Delhi HC 2007); CrPC §154-§172; CIC investigation-related orders 2007-2024.

Last reviewed: 25 April 2026.