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Section 9 — Grounds for Rejection to Access in Certain Cases

Section 9 of the RTI Act — 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.

Sources

  1. Right to Information Act, 2005, Section 9.
  2. RTI (Amendment) Act, 2019 (where applicable).
  3. DPDP Rules, 2025, notified 14 November 2025 (where applicable).
  4. Department of Personnel and Training, Guide on the RTI Act, 2005.

Last reviewed on: 21 April 2026

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