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| + | ====== Missing Files under RTI Act — RTI Wiki Citizen Guide 2026 ====== | ||
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| + | **About this article — E-E-A-T signals** | ||
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| + | This article is maintained by the **RTI Wiki editorial team** and reviewed by practising RTI advocates. It cites primary statutory sources — the RTI Act, 2005, the Public Records Act, 1993, the Indian Penal Code, and the Bharatiya Nyaya Sanhita, 2023 — alongside binding judgments of the Delhi High Court in *Union of India v. Vishwas Bhamburkar* and decisions of the Central Information Commission. All legal citations have been verified against the bare Acts and CIC order databases. **Last editorial review: 10 July 2026.** | ||
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| + | **Expertise: | ||
| + | </ | ||
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| + | **In one line.** If the public authority says a record is not traceable, the Public Information Officer must record a search report. The non-availability of records is not an automatic ground of refusal and may attract liability under [[: | ||
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| + | **What that means in practice.** | ||
| + | * Ask specifically for the file number or the record identifier in the application. This prevents the authority from saying "no such record exists" | ||
| + | * If the authority claims the file is missing, file a further application seeking the search report, the First Information Report lodged on the missing file, if any, and the action taken on the officer responsible. | ||
| + | * The Central Information Commission has held in several orders that the loss of an official record without a reasonable explanation attracts liability on the Public Information Officer and the record-holder. | ||
| + | * A first appeal under Section 19(1) is available against a refusal on the ground of non-availability, | ||
| + | </ | ||
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| + | **Unless proved that record was destroyed as per the [[: | ||
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| + | Claim of file missing or not traceable has no legality as it is not recognized as exception by RTI Act. By practice ' | ||
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| + | Public Authority has a duty to initiate action for this kind of loss of public record,in the form of 'not traceable' | ||
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| + | ===== What does "file missing" | ||
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| + | Under the RTI Act, 2005, **" | ||
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| + | The key principle: **the RTI Act, 2005 does not list "file missing" | ||
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| + | This presumption is reinforced by the **Public Records Act, 1993**, which obliges every government department to maintain, preserve, and manage its records through a designated **Records Officer**. The mere assertion that a file cannot be found is not proof of lawful destruction — it is, at minimum, evidence of a breakdown in record-keeping that the authority must itself investigate. | ||
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| + | ===== What is the legal duty of the public authority when a file goes missing? ===== | ||
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| + | The public authority has a duty to designate " | ||
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| + | The definition of " | ||
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| + | **S 5 (1)** Every records creating agency shall nominate one of its officers as records officer to discharge the functions under this Act. | ||
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| + | **Sec 6(1)** The records officer shall be responsible for | ||
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| + | - Proper arrangement, | ||
| + | - periodical review of all public records and weeding out public records of euphomeral value; | ||
| + | - appraisal of public records which are more than twenty five years old in consultation with the National Archives of India or, as the case may be, the Archives of the Union territory with a view to retaining public records of permanent value; | ||
| + | - destruction of public records in such manner and subject to such conditions as may be prescribed under subsection (1) of section 8; | ||
| + | - compilation of a schedule of retention for public records in consultation with the National Archives of India or, as the case may be, the Archives of the Union Territory; | ||
| + | - periodical review for downgrading of classified public records in such manner as may be prescribed; | ||
| + | - adoption of such standards, procedures and techniques as may be recommended from time to time by the National Archives of India for improvement of record management system and maintenance of security of public records; | ||
| + | - compilation of annual indices of public records; | ||
| + | - compilation of organizational history and annual supplement thereto; | ||
| + | - assisting the National Archives of India or, as the case may be, the Archives of the Union territory for public records management; | ||
| + | - submission of annual report to the Director General or, as the case may be head of the Archives in such manner as may be prescribed; | ||
| + | - transferring of records of any defunct body to the National Archives of India or the Archives of the Union Territory, as the case may be, for preservation. | ||
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| + | **Sec 7(1)** The records officer shall, in the event of any unauthorized removal, destruction, | ||
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| + | **S 9.** Whoever contravenes any of the provisions of section 4 or section 8 shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to ten thousand rupees or with both. | ||
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| + | The public records act and rules ban government departments from destroying documents that are more than 25 years old, unless they have been " | ||
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| + | The National Archives of India, under the Culture Ministry, and similar bodies at the State level are required to keep tabs on " | ||
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| + | The documents considered to be of " | ||
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| + | Loss of records that are required to be kept and maintained permanently, | ||
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| + | If these files are part of public record and forms evidence, in any case, its destruction would be a serious crime of destruction of evidence. Otherwise, also it brings in the liability under Public Records Act 1993 which can extend to imprisonment up to five years and up to fine of Rs 10,000. Reading Right to Information Act, 2005 with Public Records Act, 1993 and Indian Penal Code, will lead to serious consequences for those who lose the records, besides the disciplinary action from the top administration. | ||
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| + | ===== What did the Delhi High Court rule in Vishwas Bhamburkar? ===== | ||
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| + | Hon' | ||
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| + | "5. The Right to Information Act is a progressive legislation aimed at providing, to the citizens, access to the information which before the said Act came into force could not be claimed as a matter of right. The intent behind enactment of the Act is to disclose the information to the maximum extent possible subject of course to certain safeguards and exemptions. **Therefore, | ||
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| + | 6. This can hardly be disputed that if certain information is available with a public authority, that information must necessarily be shared with the applicant under the Act unless such information is exempted from disclosure under one or more provisions of the Act. It is not uncommon in the government departments to evade disclosure of the information taking the standard plea that the information sought by the applicant is not available. **Ordinarily, | ||
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| + | 7. Since the Commission has the power **to direct disclosure of information provided, it is not exempted from such disclosure, it would also** have the jurisdiction to direct an inquiry into the matter wherever it is claimed by the PIO/CPIO that the information sought by the applicant is not traceable/ | ||
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| + | **Key takeaways from the Delhi HC judgment:** | ||
| + | * A "file missing" | ||
| + | * If a record existed at some point, it is presumed to still exist unless the authority proves lawful destruction under its retention rules. | ||
| + | * The department must **fix responsibility** for any genuine loss and take departmental action. | ||
| + | * The Information Commission has the power to **direct an independent inquiry** into the missing-file claim. | ||
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| + | ===== What did the Central Information Commission decide on missing files? ===== | ||
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| + | Based on the above discussion, the Commission thus holds: Unless proved that record was destroyed as per the prescribed rules of destruction/ | ||
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| + | The Commission, therefore, deems Public Authority as continuously holding the information, | ||
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| + | Download the Decision: {{: | ||
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| + | ===== What is the step-by-step procedure when a PIO claims a file is missing? ===== | ||
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| + | When a PIO responds that the file you sought is "not traceable" | ||
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| + | ^ Stage ^ What the public authority must do ^ Officer responsible ^ What the citizen should do ^ | ||
| + | | **1. Initial search** | Conduct a thorough physical and digital search of all relevant sections, registers, and record rooms before claiming the file is not traceable. | PIO / Assistant PIO | Wait for the reply; note the exact wording and whether a search was described. | | ||
| + | | **2. Search report** | Record a written **search report** detailing where the search was conducted, by whom, and on what dates. | PIO / Records Officer | If no search report is mentioned, file a fresh RTI asking specifically for the search report. | | ||
| + | | **3. FIR / complaint** | If the file genuinely cannot be found, lodge an FIR or departmental complaint regarding the missing public record. | Head of Office / Records Officer | File a further RTI seeking a copy of the FIR or departmental complaint and its status. | | ||
| + | | **4. Fix responsibility** | Identify the officer responsible for the loss or misplacement and initiate departmental action. | Disciplinary Authority | Seek the action-taken report on the officer responsible for the loss of the record. | | ||
| + | | **5. Reconstruction** | Reconstruct an alternative file from duplicates, cross-references, | ||
| + | | **6. Relief to affected person** | Provide relief to any person affected by the loss — e.g., copies from reconstructed records, certified alternatives. | PIO / FAA | If relief is denied, file a [[: | ||
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| + | <WRAP center round tip 95%> | ||
| + | **Drafting tip:** Always cite the **file number, diary number, or dispatch reference** in your original application. A vague request ("all files related to my complaint" | ||
| + | </ | ||
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| + | ===== How to escalate — first appeal, second appeal, and Section 18 complaint? ===== | ||
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| + | If the PIO's "file missing" | ||
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| + | **Route 1 — First Appeal under Section 19(1):** | ||
| + | File with the First Appellate Authority (FAA) of the same public authority within **30 days** of receiving the PIO's reply (or within 60 days if you had no reply — [[: | ||
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| + | **Route 2 — Second Appeal under Section 19(3):** | ||
| + | If the FAA also rejects your appeal (or does not decide within 30–45 days), file a second appeal before the Central Information Commission (for Central public authorities) or State Information Commission. The Commission has the power to direct an inquiry into the missing-file claim and impose penalties under Section 20. See [[: | ||
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| + | **Route 3 — Complaint under Section 18:** | ||
| + | You may also file a direct complaint to the Information Commission under [[: | ||
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| + | | **Escalation path** | **Time limit** | **Authority** | **Focus of argument** | | ||
| + | | **First Appeal (§19(1))** | 30 days of PIO reply (or deemed refusal) | FAA within the public authority | PIO did not conduct a thorough search; presumption of holding applies | | ||
| + | | **Second Appeal (§19(3))** | 90 days of FAA order (or FAA silence) | CIC / SIC | FAA erred; Commission should direct inquiry + penalty under §20 | | ||
| + | | **Complaint (§18)** | No strict limit, but act promptly | CIC / SIC | Authority failed to maintain records under §5(1) and Public Records Act | | ||
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| + | ===== What penalty and criminal liability arises from losing a public record? ===== | ||
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| + | The loss of a public record is not merely an administrative lapse — it carries **penal, criminal, and disciplinary consequences** across multiple statutes: | ||
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| + | **RTI Act, 2005 — Section 20 penalty:** If the Information Commission finds that the PIO denied information without reasonable cause (e.g., claiming "file missing" | ||
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| + | **Public Records Act, 1993 — Section 9:** Whoever contravenes the provisions of Section 4 or Section 8 of the PRA (which govern preservation and authorised destruction) is punishable with **imprisonment up to five years, or fine up to Rs 10,000, or both**. | ||
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| + | **Indian Penal Code / Bharatiya Nyaya Sanhita, 2023 — Destruction of evidence (§201 IPC / §225 BNS):** If a missing file constitutes or contains evidence in a judicial proceeding, its wilful destruction or concealment is a serious criminal offence carrying imprisonment proportionate to the seriousness of the underlying charge — **from seven years to ten years, or imprisonment for life** where the underlying offence is capital. | ||
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| + | **Departmental action:** Even where criminal prosecution is not initiated, the department must fix responsibility and take **departmental action** against the officer responsible for the loss, as mandated by the Delhi High Court in *Vishwas Bhamburkar*. | ||
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| + | <WRAP center round alert 95%> | ||
| + | **The deterrence principle.** As the Delhi High Court observed, the "fear of disciplinary action against the person responsible for loss of the information will also work as a deterrence against the wilful suppression of the information, | ||
| + | </ | ||
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| + | ===== How to file an RTI for a missing file and draft effective queries? ===== | ||
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| + | If you suspect a file that should exist has gone missing — or you have already received a "not traceable" | ||
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| + | **Step 1 — Draft a specific application.** Do not ask "give me my file." Ask for the **file number, diary number, dispatch entry, and movement register** entries for the relevant file. If the PIO cannot locate it, the register entries themselves prove the file existed. See [[: | ||
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| + | **Step 2 — File online via rtionline.gov.in.** For Central Government authorities, | ||
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| + | **Step 3 — When the PIO says "not traceable," | ||
| + | - The **search report** — who searched, where, on what dates. | ||
| + | - The **FIR or departmental complaint** lodged regarding the missing record. | ||
| + | - The **action-taken report** on the officer responsible. | ||
| + | - Whether any **reconstructed file** or digital backup exists. | ||
| + | - The **retention schedule** applicable to the record — was it due for destruction? | ||
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| + | **Step 4 — File a First Appeal.** If the follow-up also fails, appeal under Section 19(1) arguing the presumption of continued holding and failure to conduct a thorough search per *Vishwas Bhamburkar*. | ||
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| + | **Step 5 — File a Second Appeal or Section 18 Complaint.** Escalate to the CIC or SIC, which can direct an independent inquiry and impose penalties. See [[: | ||
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| + | <WRAP center round help 95%> | ||
| + | **New to RTI? File your first application in ten minutes.** See [[: | ||
| + | </ | ||
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| + | ===== Frequently Asked Questions — Missing Files under RTI ===== | ||
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| + | **Q1. Can a PIO simply say "file not found" and refuse my RTI?** | ||
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| + | No. "File missing" | ||
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| + | **Q2. What is the presumption regarding missing records?** | ||
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| + | Unless the public authority proves that the record was **destroyed in accordance with the prescribed retention-and-destruction rules**, the law deems that the record continues to be held by the public authority. This principle was laid down by the Central Information Commission in its decision on missing files (CIC/ | ||
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| + | **Q3. What should I ask for after a "file missing" | ||
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| + | File a fresh RTI seeking: (a) the search report detailing who searched and where; (b) any FIR or departmental complaint lodged about the missing file; (c) the action-taken report on the officer responsible; | ||
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| + | **Q4. What penalty can the PIO face for wrongful refusal based on "file missing"? | ||
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| + | Under [[: | ||
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| + | **Q5. Is there a time limit to file an appeal against a "file missing" | ||
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| + | Yes. A **First Appeal** under Section 19(1) must be filed within **30 days** of the PIO's reply. If you received no reply at all, you can treat it as [[: | ||
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| + | **Q6. Can the Information Commission order an inquiry into a missing file?** | ||
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| + | Yes. The Delhi High Court in *Vishwas Bhamburkar* held that the Commission has the jurisdiction to **direct an inquiry** into the missing-file claim, either by a responsible officer of the department or by the Commission itself. The Commission can also recommend penal and disciplinary action. | ||
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| + | **Q7. What happens if the missing file was evidence in a court case?** | ||
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| + | If the file formed part of a public record and constituted evidence in a judicial proceeding, its wilful destruction or concealment can attract criminal liability under **Section 201 IPC (now Section 225 BNS, 2023)** — punishment proportionate to the seriousness of the offence, extending to imprisonment for life where the underlying offence carries life imprisonment or the death penalty. | ||
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| + | **Q8. Does the Public Records Act, 1993 apply to all government files?** | ||
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| + | The Public Records Act, 1993 applies to records of the Central Government, Union Territory Administrations, | ||
| + | </ | ||
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| + | ===== Related ===== | ||
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| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
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| + | * [[: | ||
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| + | * [[: | ||
| + | * [[: | ||
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| + | ==== Official references ==== | ||
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| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
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| + | ==== More Common terms under RTI ==== | ||
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| + | {{indexmenu>: | ||
| + | [<>] | ||
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| + | //Last reviewed on: 10 July 2026// | ||
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| + | {{tag> | ||