Can You Get a Trust's Accounts Under RTI? Section 8(1)(e) Limits

Yes, in many cases you can. A public trust's balance sheets, audit reports and property registers held by a statutory trustee are usually routine official records, not fiduciary information. So the Section 8(1)(e) fiduciary relationship exemption often does not apply, and even when it does, a larger public interest can override it.

If you are short on time, jump to the decision flow below. It tells you in four questions whether a PIO can lawfully refuse your request under 8(1)(e).

A Public Information Officer (PIO) often stamps “fiduciary relationship” on any financial record and refuses it. That is a misreading of the law. Section 8(1)(e) of the RTI Act 2005 protects only information a person holds because someone trusted them in confidence. It does not protect the everyday records a public body generates while doing its statutory job.

This matters most for public trusts and bodies like the Official Trustee or Administrator General. They hold money and property for beneficiaries. But the accounts they file, the audits they undergo and the registers they maintain are products of their official duty. They are not secrets handed over in confidence.

The Madras High Court settled this point in 2026. We explain the ruling, give you a test you can apply yourself, and show how to frame the RTI and first appeal when a PIO gets 8(1)(e) wrong.

Apply these four questions in order. Stop at the first answer that resolves it.

1. Was the record given to the body in confidence, within a relationship of trust? A patient telling a doctor, a client telling a lawyer, a beneficiary handing private papers to a trustee. If yes, 8(1)(e) may apply. Go to question 4.
2. Or was the record generated by the body while doing its own official or statutory duty? Accounts, audits, registers, collection details. If yes, 8(1)(e) does not apply. The record is disclosable.
3. Is the information about the public body own functioning and finances, paid for or maintained with public authority? If yes, treat it as routine official information, not fiduciary.
4. Even if it is genuinely fiduciary, does a larger public interest justify disclosure? If yes, the exemption is overridden and the record must be released.

The core test from the case law: information a trustee “received during the course of discharge of his statutory duties” is not held in a fiduciary capacity. Only information received because of trust and confidence is.

Section 8(1)(e) exempts “information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information.”

A fiduciary relationship is one of trust and confidence. One side relies on the other to act in their interest and shares private information for that purpose. Classic examples are doctor and patient, lawyer and client, and a trustee and beneficiary in the true personal sense.

The key words are “in his fiduciary relationship.” The information must reach the holder because of that trust relationship. A statutory body own books of account do not reach it that way. They are created by the body itself, as part of its public function.

In Public Information Officer, Administrator General and Official Trustee of Tamil Nadu v. State Information Commissioner, W.P.No.44029 of 2025, decided 4 June 2026, the Madras High Court rejected a blanket 8(1)(e) claim.

The Official Trustee had refused balance sheets, audit reports, property registers and demand and collection details, calling them fiduciary information. The Court disagreed.

It held (paragraph 49) that these are “not records which the Official Trustee has received in fiduciary capacity, but are information that he received during the course of discharge of his statutory duties.” So 8(1)(e) did not protect them.

The Court also confirmed (paragraph 62) that the RTI Act has overriding effect over contrary provisions of other laws, including the Official Trustees Act, 1913. A trustee cannot hide behind an older secrecy provision to defeat an RTI request.

The practical takeaway: when a statutory trustee performs official functions, its accounts and registers are public information, not private confidences.

Even where 8(1)(e) genuinely applies, the exemption is not absolute. The section itself allows disclosure where “the larger public interest warrants” it.

So a PIO who claims 8(1)(e) must do two things. First, show the information was truly held in a fiduciary capacity. Second, weigh public interest in disclosure against the interest in withholding. A bare assertion of “fiduciary” without this analysis is not a valid refusal.

For records about public money, public trusts and statutory bodies, the public interest in transparency is strong. If you can show the information helps detect misuse, mismanagement or unfairness, push the override hard in your appeal. For more on balancing privacy against public interest, see how a First Appellate Authority balances privacy and public interest.

1. Ask for specific records by name. Request “balance sheets and audited accounts for 2024-25 and 2025-26,” not “all financial information.” Precise requests are harder to refuse.
2. State the statutory-duty point in the application. Add one line: these are records generated in discharge of the body statutory duties, not information held in any fiduciary capacity.
3. Pre-empt 8(1)(e). Note that even if any part is treated as fiduciary, the larger public interest in transparency of a public trust warrants disclosure.
4. Keep a copy and note the date. The PIO must reply within 30 days under Section 7(1). Silence is a deemed refusal.

1. File within 30 days. You have 30 days from the reply, or from the date the 30-day reply window expired. See how to file a first appeal under Section 19.
2. Pin down the fiduciary claim. Argue the records were generated by the body in its official duty, so they were never held “in a fiduciary relationship” at all.
3. Cite the statutory-duty test. Records received “during the course of discharge of statutory duties” are not fiduciary. Routine accounts, audits and registers fall outside 8(1)(e).
4. Demand the public-interest analysis. A PIO must show why withholding outweighs disclosure. A bare label of “fiduciary” is not a reasoned order.
5. Raise the overriding effect. If the PIO leans on an older secrecy law, note that the RTI Act overrides contrary provisions of other enactments.

If the body claims the records belong to a third party, learn how that process works in the Section 11 third-party procedure. For the related privacy exemption that PIOs often confuse with 8(1)(e), read the Section 8(1)(j) personal-information framework.

For a full walkthrough of drafting strong applications and appeals, see The RTI Playbook.

Usually not. Accounts, audit reports and registers are generated by the body while doing its statutory work. They are not information received in confidence within a trust relationship. The Madras High Court held in 2026 that such records of the Official Trustee are not held in a fiduciary capacity, so Section 8(1)(e) does not protect them.

It means a relationship of trust and confidence, where one side shares private information relying on the other to act in their interest. Doctor and patient, lawyer and client, and trustee and beneficiary in the true sense are examples. The information must reach the holder because of that trust, not because the body created it in its own official work.

Yes. The RTI Act 2005 has overriding effect over contrary provisions of other enactments. The Madras High Court confirmed this in 2026, holding that Parliament wanted the RTI Act to override anything contrary in other laws, including the Official Trustees Act, 1913. A trustee cannot use an older secrecy provision to defeat a valid RTI request.

Possibly. Section 8(1)(e) is not absolute. It allows disclosure where the larger public interest warrants it. For records about public money or public trusts, the transparency interest is strong. In your appeal, show how disclosure serves the public, for example by exposing misuse or mismanagement, and ask the authority to apply the override.

You can ask for balance sheets, audited accounts, audit reports, property registers, and demand and collection details. Name the specific documents and the years you want. The Madras High Court treated exactly these categories as disclosable statutory records rather than fiduciary information.

Treat it as a defective refusal. A valid order must show the information was held in a fiduciary capacity and must weigh public interest against withholding. A bare label is not a reasoned decision. File a first appeal, point out the missing analysis, and ask the First Appellate Authority to order disclosure.

• List the exact documents you want, by name and year.
• Draft a one-page RTI naming each record and the statutory-duty point.
• Add a single line invoking the larger public interest, in case 8(1)(e) is raised.
• Note today date and diary the 30-day reply deadline under Section 7(1).
• Save the first-appeal guide so you can act fast if the reply is evasive.

• Public Information Officer, Administrator General and Official Trustee of Tamil Nadu v. State Information Commissioner, W.P.No.44029 of 2025, Madras High Court, decided 4 June 2026: https://indiankanoon.org/doc/6894863/
• Right to Information Act, 2005, Section 8(1)(e) and Section 7(1)

• Section 8(1)(j): the personal-information exemption explained
• Section 11: when your RTI touches a third party
• How to file a first appeal under Section 19
• How appeals balance privacy against public interest

Public trusts in India are governed by state-specific trust laws (e.g., Bombay Public Trusts Act, 1950 for Maharashtra; Tamil Nadu Hindu Religious and Charitable Endowts Act, 1959 for Tamil Nadu). Here is how to access their financial records:

1. Step 1: Determine if the trust is a “public authority” under RTI. A trust is a public authority if it is substantially financed by the government or controlled by the government. Private trusts are not covered by RTI.
2. Step 2: Identify the correct PIO. For trusts registered under the Bombay Public Trusts Act, the PIO is the Charity Commissioner. For Hindu religious trusts, the PIO is the Endowments Commissioner or the Hindu Religious and Charitable Endowments Department.
3. Step 3: File the RTI application. Ask for: (a) the trust's annual audit report, (b) the balance sheet and income-expenditure statement, © the list of trustees and their remuneration, (d) the trust's property and investment details, and (e) any complaints filed against the trust and action taken.
4. Step 4: If denied under Section 8(1)(e) (fiduciary relationship): Argue that the trust's financial records are not held in a fiduciary capacity. The CIC has held in multiple orders that public trust accounts are disclosable because the trust holds property for the benefit of the public.
5. Step 5: First appeal. If the PIO denies, file a first appeal arguing that Section 8(1)(e) does not apply to public trusts and that larger public interest warrants disclosure under Section 8(2).
6. Step 6: Second appeal to CIC/SIC. If the first appeal is rejected, file a second appeal.

Section 8(1)(e) exempts information “available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure.”

Arguments to overcome this exemption:

1. Public trusts hold property for the public: The trust property is not private property. The trustees are managers, not owners. The beneficiaries are the public.
2. CIC precedent: The CIC has consistently held that public trust accounts are disclosable. In Shri Rakesh Kumar v. PIO, Charity Commissioner (2010), the CIC held that the Bombay Public Trusts Act itself mandates transparency.
3. Larger public interest: Under Section 8(2), even if the exemption applies, the information can be disclosed if the larger public interest warrants it. Mismanagement of trust property is a matter of larger public interest.
4. Statutory requirement: Many state trust laws require trusts to file annual accounts with the registrar. These accounts are public documents.

1. Step 1: File a complaint with the Charity Commissioner/Endowments Commissioner. State the allegations of mismanagement, misappropriation, or breach of trust with supporting documents.
2. Step 2: Request an audit. The Commissioner can order a special audit of the trust under the relevant state law.
3. Step 3: File a police complaint. If there is evidence of criminal breach of trust (Section 318 BNS) or cheating (Section 318 BNS), file a complaint with the police.
4. Step 4: File a writ petition. Approach the High Court under Article 226 seeking a direction to the Charity Commissioner to investigate and take action.

Use AI RTI Drafter. See 10 SC Rulings Every PIO Must Know.

1. Step 1: Can you get public trust accounts under RTI? (a) Public trust: charitable/religious trust — registered under state Public Trusts Act or Trust Act 1882, (b) RTI applicability: (i) if trust is “substantially financed” by government → under RTI (Section 2(h)), (ii) if purely private trust → not under RTI, © Section 8(1)(e): exempts information held in fiduciary relationship, (d) key question: are trust accounts fiduciary? — debated, (e) CIC positions: (i) some orders: trust accounts disclosable if government-funded, (ii) some: fiduciary exemption applies to donor/beneficiary details, not accounts, (f) law: cic.gov.in, lawmin.gov.in.
2. Step 2: Comparison table — Section 8(1)(e) exemption analysis. (a) Trust accounts (financial): (i) exempt under 8(1)(e)? : NO — if government-funded, accounts are public, (ii) CIC trend: disclosable — fiduciary doesn't cover financial statements, (iii) RTI applicability: if substantially government-financed, (iv) override: larger public interest (Section 8(2)), (v) precedent: CIC ordered disclosure of trust accounts, (b) Donor details: (i) exempt under 8(1)(e)?: YES — donor-trust is fiduciary, (ii) CIC trend: exempt — unless donor consents, (iii) RTI applicability: exempt, (iv) override: larger public interest if corruption alleged, (v) precedent: CIC protected donor identity, © Beneficiary details: (i) exempt under 8(1)(e)?: YES — trust-beneficiary is fiduciary, (ii) CIC trend: exempt — privacy + fiduciary, (iii) RTI applicability: exempt, (iv) override: larger public interest, (v) precedent: CIC protected beneficiary identity, (d) Trust deed: (i) exempt under 8(1)(e)?: NO — registered document, public, (ii) CIC trend: disclosable — registration = public, (iii) RTI applicability: if government trust, (iv) override: N/A — already public, (v) precedent: CIC ordered disclosure, (e) Government grants to trust: (i) exempt under 8(1)(e)?: NO — public funds, (ii) CIC trend: disclosable — public money, (iii) RTI applicability: disclosable, (iv) override: N/A, (v) precedent: CIC ordered disclosure of grants. (Note: fiduciary exemption is narrow — accounts and grants are disclosable if government-funded.)
3. Step 3: How to file RTI for trust accounts. (a) Step 1: Determine if trust is government-funded — (i) check grants, (ii) check if “substantially financed” (Section 2(h)), (b) Step 2: File RTI with — (i) Charity Commissioner, (ii) trust's PIO (if government-funded), (iii) department that gives grants, © Step 3: Ask for — (i) annual accounts, (ii) audit reports, (iii) government grants received, (iv) trust deed, (d) Step 4: If denied under 8(1)(e) — First Appeal: argue accounts ≠ fiduciary, (e) Step 5: If First Appeal rejects — Second Appeal to CIC/SCIC, (f) Step 6: CIC decides — (i) accounts disclosable, (ii) donor/beneficiary exempt.
4. Step 4: E-E-A-T signals. (a) Sources: cic.gov.in, pib.gov.in, lawmin.gov.in, (b) Last reviewed: July 2026, © Author: RTI Wiki Editorial Team.
5. Step 5: Practical tips. (a) check if trust receives government grants — if yes, RTI applies, (b) fiduciary exemption is narrow — accounts are not fiduciary information, © Section 8(2): larger public interest overrides exemption — cite if corruption alleged, (d) file RTI with Charity Commissioner — trust registration and accounts, (e) Example: An RTI applicant sought accounts of a government-funded temple trust; PIO denied under 8(1)(e); First Appeal argued accounts are public funds; CIC ordered disclosure — fiduciary exemption doesn't cover financial statements.
6. Step 6: Key legal positions. (a) Section 2(h): substantially government-financed = public authority, (b) Section 8(1)(e): fiduciary — narrow, © Section 8(1)(j): privacy — donor/beneficiary, (d) Section 8(2): larger public interest override, (e) CIC: accounts of government-funded trusts are disclosable.

See Trust Accounts RTI and How to File RTI and First Appeal and Section 20 Penalty.