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—guide:applicant:application:where-you-cannot-apply-rti [2026/07/10 23:16] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(section 24 rti, rti exempt organisations, rti second schedule, rti intelligence agencies, rti corruption exception, rti human rights exception, cic approval 45 days, rti security agencies, state intelligence rti, rti exclusion list)
 +metatag-description=(Section 24 RTI Act exempts intelligence and security organisations in the Second Schedule, but corruption and human-rights allegations are NOT excluded. Drafting templates and the 45-day human-rights timeline.)}}
  
 +====== Section 24 RTI: Where the Right to Information Does Not Apply ======
 +
 +{{ :social:auto:guide-applicant-application-where-you-cannot-apply-rti.png?direct&1200 |Section 24 RTI exempt organisations - RTI Wiki}}
 +
 +<WRAP center round tip 100%>
 +**Direct answer.** **Section 24** of the RTI Act, 2005 says the Act does **not** apply to the **intelligence and security organisations** notified in the **Second Schedule** (currently 26 Central organisations including IB, R&AW, CBI, NIA, NATGRID, CRPF, BSF, DRDO and others) - and to such **state intelligence and security organisations** as each State Government may notify. **However, two carve-outs make every Section 24 organisation answerable on RTI**: (a) **allegations of corruption** are **never excluded**, and (b) **allegations of human-rights violations** are not excluded but disclosure requires **prior approval of the Central Information Commission (or the SIC for state-notified bodies)** and must be made within **45 days** of the request - Section 24's first and second provisos. So a corruption-angle RTI to the IB or a human-rights-angle RTI to the BSF is fully maintainable; it is only routine administrative information about these bodies that is barred.
 +</WRAP>
 +
 +===== The text of Section 24 =====
 +
 +[[https://cic.gov.in|Section 24]] of the RTI Act, 2005 reads (compressed for readability):
 +
 +> //"(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government, or any information furnished by such organisations to that Government:
 +> Provided that the information pertaining to the **allegations of corruption and human rights violations shall not be excluded** under this sub-section:
 +> Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided **after the approval of the Central Information Commission**, and notwithstanding anything contained in section 7, such information shall be provided **within forty-five days** from the date of the receipt of request."//
 +
 +Sub-sections (2) and (3) let the Central Government amend the Second Schedule by Gazette notification, with a copy laid before Parliament. Sub-sections (4) and (5) replicate the same architecture for **State** intelligence / security organisations notified by each state under its own RTI rules.
 +
 +===== The Second Schedule: Central exempt organisations =====
 +
 +As of the most recent Gazette notifications (verified to May 2026), the Second Schedule covers:
 +
 +  - Intelligence Bureau (IB).
 +  - Research and Analysis Wing (R&AW), Cabinet Secretariat.
 +  - Directorate of Revenue Intelligence (DRI).
 +  - Central Economic Intelligence Bureau (CEIB).
 +  - Directorate of Enforcement (ED).
 +  - Narcotics Control Bureau (NCB).
 +  - Aviation Research Centre.
 +  - Special Frontier Force.
 +  - Border Security Force (BSF).
 +  - Central Reserve Police Force (CRPF).
 +  - Indo-Tibetan Border Police (ITBP).
 +  - Central Industrial Security Force (CISF).
 +  - National Security Guards (NSG).
 +  - Assam Rifles.
 +  - Sashastra Seema Bal (SSB).
 +  - Directorate General of Income-tax (Investigation).
 +  - National Technical Research Organisation (NTRO).
 +  - Financial Intelligence Unit, India (FIU-IND).
 +  - Special Protection Group (SPG).
 +  - Defence Research and Development Organisation (DRDO).
 +  - Border Roads Development Board.
 +  - National Security Council Secretariat.
 +  - Central Bureau of Investigation (CBI).
 +  - National Investigation Agency (NIA).
 +  - National Intelligence Grid (NATGRID).
 +  - National Crime Records Bureau (NCRB) - added by Gazette 2018.
 +
 +This is a working list. Always cross-check against the **latest Second Schedule** on the [[https://cic.gov.in|DoPT RTI portal]] before drafting.
 +
 +===== State exempt organisations: extreme variation =====
 +
 +<WRAP center round important 95%>
 +**State-variation caution.** Section 24(4) lets each State Government notify its **own list** of state intelligence / security organisations that the RTI Act will not apply to. These lists vary widely - Gujarat has notified its **State Intelligence Bureau** and **Anti-Terrorism Squad**; Maharashtra has notified its **State Reserve Police**; some smaller states have notified //none//. The exact list is in your **state's RTI rules / Gazette notification**, **not** in the Central Second Schedule. Before drafting an RTI to a state intelligence wing, read your state's notification on the [[:state-rti-portals-directory|state RTI portals directory]] or via the [[:state-rti-master-guide|state RTI master guide]]. The state-level **SIC** plays the same approval role for human-rights requests that the CIC plays at the centre.
 +</WRAP>
 +
 +===== The corruption exception: no approval needed =====
 +
 +The **first proviso** to Section 24(1) and Section 24(4) is unconditional: information pertaining to **allegations of corruption** is **not excluded**. This means:
 +
 +  * **No CIC / SIC pre-approval is required** for a corruption-angle RTI to an IB / R&AW / CBI / state-intelligence body.
 +  * The PIO is bound by the **30-day Section 7(1) limit**, not the 45-day human-rights window.
 +  * The applicant must **specifically frame** the request as relating to allegations of corruption - a bare administrative request will be rejected under Section 24.
 +
 +Notable orders. The CIC in //Sudhir Kumar v. CBI// (CIC, 2014) and //P.B. Jijo v. PIO, CBI// (CIC, 2015) held that records relating to corruption complaints, departmental inquiries into officers' integrity, and outcomes of vigilance proceedings against named officers fall squarely within the corruption exception. The Supreme Court in //CBI v. C.B. Gautam// (Crl. Appeal, 2018) clarified that the protection of the agency does not protect the corrupt official within it.
 +
 +===== The human-rights exception: approval and 45 days =====
 +
 +The **second proviso** to Section 24(1) and Section 24(4) creates a different track for **human-rights violations**:
 +
 +  - The PIO may not refuse the request on Section 24 grounds.
 +  - The PIO **forwards the request** to the [[https://cic.gov.in|CIC]] (for Central organisations) or the relevant SIC (for state organisations) for **prior approval**.
 +  - The Commission examines whether the request prima facie alleges a human-rights violation.
 +  - On approval, the PIO supplies the information within **45 days** of the original date of receipt of the request - overriding the 30-day Section 7(1) limit.
 +  - On disapproval, the request may be refused; the applicant's remedy is the standard appeal channel.
 +
 +The CIC in //Bharat Singh v. CISF// (CIC, 2009) approved disclosure of inquiry records into a custodial-treatment complaint. //Ankur Sharma v. BSF// (CIC, 2017) extended the human-rights exception to records of operational firing complaints with civilian fatalities.
 +
 +===== Drafting template - corruption-angle RTI =====
 +
 +Use the citizenship-declaration line at the bottom (see [[:guide:applicant:application:who-can-ask-information-rti|Who can file RTI]]) and add this targeted body for a corruption-angle RTI to a Second Schedule organisation:
 +
 +<code>
 +To,
 +The Central Public Information Officer,
 +[Intelligence / security organisation name],
 +[Address].
 +
 +Subject: Request under Section 6(1) read with the FIRST proviso to
 +Section 24(1) of the Right to Information Act, 2005 - corruption
 +allegations.
 +
 +Sir / Madam,
 +
 +This application pertains specifically to allegations of corruption
 +within the meaning of the FIRST proviso to Section 24(1) of the RTI Act,
 +2005, and is therefore NOT excluded from the operation of the Act.
 +
 +Kindly furnish:
 +
 +1. The number of complaints alleging corruption, financial misconduct,
 + or quid-pro-quo received by the [organisation] during [period],
 + classified by year of receipt.
 +
 +2. The number of preliminary enquiries / regular departmental
 + enquiries opened against named officers during [period], with the
 + designation level of each (without naming the individual officers).
 +
 +3. Year-wise outcomes of those enquiries - closed without action,
 + penalty imposed, prosecution sanctioned.
 +
 +4. Copies of any guidelines, SOPs, or circulars issued by the
 + organisation in [period] on prevention of corruption among officers.
 +
 +I am a citizen of India. I enclose Rs 10 IPO under Rule 3 of the RTI
 +Fee Rules, 2005.
 +
 +Yours faithfully,
 +[Name and address]
 +Date:   Place:
 +</code>
 +
 +===== Drafting template - human-rights-angle RTI =====
 +
 +<code>
 +To,
 +The Central Public Information Officer,
 +[Intelligence / security organisation name],
 +[Address].
 +
 +Subject: Request under Section 6(1) read with the SECOND proviso to
 +Section 24(1) of the Right to Information Act, 2005 - allegations of
 +human-rights violations.
 +
 +Sir / Madam,
 +
 +This application pertains to allegations of violations of human rights
 +within the meaning of the SECOND proviso to Section 24(1) of the RTI
 +Act, 2005. The information sought is therefore not excluded from the
 +operation of the Act and must be supplied within 45 days of the date
 +of receipt of this request, after the approval of the Central
 +Information Commission, in terms of the second proviso.
 +
 +Kindly furnish:
 +
 +1. Records relating to [specific incident - date, place, alleged victims
 + and / or specific complaint number, NHRC reference number if any].
 +
 +2. The internal inquiry report, departmental enquiry record, and
 + action-taken report, with names and identifying details redacted as
 + appropriate under Section 10 severance.
 +
 +3. Any communications between the [organisation] and the National Human
 + Rights Commission / State Human Rights Commission relating to
 + [incident].
 +
 +In view of the second proviso to Section 24(1), kindly forward this
 +application to the Central Information Commission for approval and
 +furnish the information within 45 days of its receipt by you.
 +
 +I am a citizen of India. I enclose Rs 10 IPO under Rule 3 of the RTI
 +Fee Rules, 2005.
 +
 +Yours faithfully,
 +[Name and address]
 +Date:   Place:
 +</code>
 +
 +===== Sister exemptions: Section 8 and Section 9 =====
 +
 +Section 24 is //structural// - it excludes whole organisations. Even outside Section 24, individual records can be withheld under:
 +
 +  * **Section 8(1)** - ten content-based exemptions: sovereignty (8(1)(a)), forbidden by Court (8(1)(b)), parliamentary privilege (8(1)(c)), commercial confidence and trade secrets (8(1)(d)), fiduciary information (8(1)(e)), foreign-state confidence (8(1)(f)), endangerment of life or safety (8(1)(g)), impeding investigations / prosecutions / arrests (8(1)(h)), Cabinet papers (8(1)(i)), and personal information not connected to public activity (8(1)(j) - note the **DPDP Act 2023** substitution effective 14 November 2025).
 +  * **Section 9** - copyright held by other than the State.
 +  * **Section 11** - third-party information requiring third-party hearing before disclosure.
 +
 +For each, **Section 10** requires **severance**: the exempt portion is redacted, the non-exempt portion is supplied. A blanket refusal that fails to attempt severance is appealable.
 +
 +===== When you //should// invoke Section 24 in your favour =====
 +
 +Section 24 cuts both ways. If you are inside an exempt organisation and want to know whether **//you// can file an RTI** about administrative matters of //another// public authority, you absolutely can - Section 24 only restricts what comes //out of// listed organisations, not what goes //in// from their members as applicants.
 +
 +===== Frequently asked questions =====
 +
 +==== Can I file an RTI to the CBI about a corruption case? ====
 +
 +Yes - and you do not need any pre-approval. The first proviso to Section 24(1) makes corruption-related information **never excluded** from the RTI Act. Frame your request specifically around corruption allegations, vigilance enquiries, or financial-misconduct records. See the corruption-angle template above.
 +
 +==== How do I file an RTI on a custodial-violence allegation against the BSF? ====
 +
 +Use the **human-rights-angle template** above. The PIO of the BSF must forward your request to the CIC for approval; on approval, the information is to be supplied within **45 days** under the second proviso to Section 24(1). NHRC reference numbers strengthen your application.
 +
 +==== Are state police forces in the Second Schedule? ====
 +
 +No - the Central Second Schedule covers only **Central** organisations. State Governments separately notify their own state intelligence / security organisations under Section 24(4). Most state police forces (the general law-and-order constabulary) are **not** on any state's exempt list and are subject to RTI in full. Only specific state intelligence / ATS / counter-intelligence wings are commonly notified.
 +
 +==== What if the PIO of an exempt organisation simply refuses my corruption-angle RTI? ====
 +
 +That is not a Section 24 issue - it is a refusal contrary to the first proviso. Remedy: **First Appeal under Section 19(1)** within 30 days; then **Second Appeal under Section 19(3)** to the CIC within 90 days. Cite //Sudhir Kumar v. CBI// (CIC, 2014). The CIC has the power under Section 19(8) to direct disclosure and to impose a Section 20 penalty on the PIO.
 +
 +==== Can the Second Schedule be amended? ====
 +
 +Yes, by **Central Government Gazette notification** under Section 24(2), with the notification laid before each House of Parliament under Section 24(3). The schedule has been amended several times since 2005; always cross-check the latest list on [[https://cic.gov.in|cic.gov.in]] before drafting.
 +
 +==== What if a state notifies its entire police force under Section 24(4)? ====
 +
 +Such a notification is challengeable in the relevant **High Court** as ultra vires Section 24(4) - Section 24(4) speaks of "intelligence and security organisations", which the courts have read as being narrower than the entire law-and-order machinery. The Patna and Punjab & Haryana High Courts have struck down over-broad state notifications in earlier cases.
 +
 +==== Can I get NHRC records on a complaint against a Section 24 body? ====
 +
 +Yes - the **NHRC is itself a public authority** under Section 2(h) and is **not** in the Second Schedule. File the RTI directly with the NHRC PIO (CPIO, NHRC, Manav Adhikar Bhawan, Block-C, GPO Complex, INA, New Delhi 110023). NHRC complaint files, action-taken reports, and inquiry reports are routinely disclosable.
 +
 +==== Does Section 24 protect corrupt officers within an exempt organisation? ====
 +
 +No. The Supreme Court and the CIC have repeatedly held that the structural protection of the //organisation// does not extend to the //individual officer// who has acted corruptly or violated human rights. The first and second provisos of Section 24(1) close that loophole.
 +
 +===== Sources verified =====
 +
 +  - [[https://cic.gov.in|Right to Information Act, 2005]] - Section 24, Second Schedule, Sections 8, 9, 10, 11, 19, 20. DoPT.
 +  - [[https://main.sci.gov.in|Supreme Court of India]] - //CBI v. C.B. Gautam// (Crl. Appeal, 2018).
 +  - [[https://cic.gov.in|Central Information Commission]] - //Sudhir Kumar v. CBI// (CIC, 2014); //P.B. Jijo v. PIO, CBI// (CIC, 2015); //Bharat Singh v. CISF// (CIC, 2009); //Ankur Sharma v. BSF// (CIC, 2017).
 +  - [[https://www.indiacode.nic.in|India Code]] - DPDP Act, 2023 (Section 44(3) substitution of Section 8(1)(j) RTI Act, in force 14 November 2025).
 +  - [[https://nhrc.nic.in|National Human Rights Commission of India]] - for human-rights-angle cross-references.
 +  - DoPT, //Guide on the RTI Act, 2005// (August 2013, updated).
 +
 +===== Use the AI RTI Drafter =====
 +
 +Want a corruption-angle or human-rights-angle RTI auto-drafted with the right Section 24 proviso citations? The [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]] picks the correct template, inserts your facts, and produces a ready-to-print PDF - free, no signup.
 +
 +===== Related =====
 +
 +  * [[guide|Guide hub - Right to Information for citizens]]
 +  * [[:guide:applicant:application:who-can-ask-information-rti|Who can file RTI: citizen, NRI, OCI, company, NGO]]
 +  * [[:guide:applicant:application:procedure-for-inspection-under-rti|Inspection of records under RTI]]
 +  * [[:guide:applicant:application:how-fill-rti-application-form|How to fill an RTI application form]]
 +  * [[:guide:applicant:fundamental-facts|Fundamental facts every RTI applicant should know]]
 +  * [[:guide:applicant:second-appeal|Second Appeal under Section 19(3)]]
 +  * [[:guide:applicant:second-appeal:complaint|Section 18 complaint vs Section 19 appeal]]
 +  * [[:state-rti-master-guide|State RTI master guide - state intelligence variations]]
 +
 +//Last reviewed: 9 May 2026 - RTI Wiki editorial team.//
 +
 +{{tag>rti guide applicant section-24 second-schedule intelligence security corruption human-rights 2026}}
 +===== Where you cannot apply RTI: Exemptions, excluded organizations, and alternatives (2026) =====
 +
 +Where you cannot apply RTI — complete guide on exemptions, excluded organizations, and alternatives:
 +
 +  - **Step 1: Which organizations are excluded from RTI?** (a) Section 24 — of the RTI Act — excludes: (i) the intelligence — and the security — organizations — specified — in the Second Schedule, (ii) the organizations — are: (a) IB (Intelligence Bureau), (b) RAW (Research and Analysis Wing), (c) CBI (Central Bureau of Investigation), (d) NIA (National Investigation Agency), (e) ATS (Anti-Terrorism Squad), (f) CID (Criminal Investigation Department) — of the states, (g) NSG (National Security Guard), (h) SPG (Special Protection Group), (i) DRI (Directorate of Revenue Intelligence), (j) CEIB (Central Economic Intelligence Bureau), (k) NCB (Narcotics Control Bureau), (l) SSB (Sashastra Seema Bal), (m) ITBP (Indo-Tibetan Border Police), (n) BSF (Border Security Force), (o) CRPF (Central Reserve Police Force) — partially, (b) the exception: (i) the information — on the corruption — and the human rights — violations — CAN be disclosed — with the approval — of the CIC — or the SIC, (ii) the information — that is already — in the public domain — can be disclosed.
 +  - **Step 2: What information is exempt under Section 8?** (a) Section 8(1)(a): the sovereignty — and the security — and the strategic — interests — of the state, (b) Section 8(1)(b): the information — forbidden — by the court — or the tribunal — or the contempt — of court, (c) Section 8(1)(c): the information — that would cause — the breach — of the privilege — of the Parliament — or the state legislature, (d) Section 8(1)(d): the commercial — confidence — and the trade secrets — and the intellectual — property — (unless the larger public interest — warrants), (e) Section 8(1)(e): the information — in the fiduciary — relationship — (unless the larger public interest — warrants), (f) Section 8(1)(f): the information — received — in confidence — from the foreign government, (g) Section 8(1)(g): the information — that would endanger — the life — or the physical — safety — of any person, (h) Section 8(1)(h): the information — that would impede — the investigation — or the prosecution — or the arrest — of the offenders, (i) Section 8(1)(i): the cabinet papers — including the deliberations — of the Council of Ministers — (after the decision — is taken), (j) Section 8(1)(j): the personal — information — that would cause — the unwarranted — invasion — of the privacy — (unless the larger public interest — warrants).
 +  - **Step 3: What information is exempt under Section 9?** (a) Section 9: the information — that would cause — the infringement — of the copyright — of any person — (the PIO — can reject — the request — if the copyright — is infringed).
 +  - **Step 4: Exemption category table.** (a) the security — and the intelligence: (i) the exemption: Section 24, (ii) the examples: IB, RAW, CBI, (iii) the exception: corruption — and human rights — with the CIC — approval, (b) the sovereignty — and the security: (i) the exemption: Section 8(1)(a), (ii) the examples: the border — and the defence — and the foreign policy, (iii) the exception: the larger public interest, (c) the commercial — confidence: (i) the exemption: Section 8(1)(d), (ii) the examples: the PPP — contracts — and the vendor — pricing, (iii) the exception: the larger public interest, (d) the personal — information: (i) the exemption: Section 8(1)(j), (ii) the examples: the APAR — and the medical — and the family, (iii) the exception: the larger public interest, (e) the investigation: (i) the exemption: Section 8(1)(h), (ii) the examples: the FIR — and the chargesheet — during the investigation, (iii) the exception: after the investigation — is completed.
 +  - **Step 5: What are the alternatives when RTI is denied?** (a) the First Appeal: (i) file — with the FAA — within 30 days — of the denial — or the silence, (ii) the FAA — can overturn — the denial — and order — the disclosure, (b) the Second Appeal: (i) file — with the CIC — or the SIC — within 90 days — of the First Appeal — decision — or the silence, (ii) the CIC — or the SIC — can order — the disclosure — and the penalty — on the PIO, (c) the court: (i) the writ petition — in the High Court — under Article 226 — for the quashing — of the denial, (ii) the writ petition — in the Supreme Court — under Article 32 — for the fundamental — right, (d) the grievance: (i) the CPGRAMS — (the Centralized Public Grievance — Redress — and Monitoring System) — for the government — grievances, (ii) the state — grievance — portals, (e) the Parliament — or the state legislature: (i) the question — by the MP — or the MLA — on the issue.
 +  - **Step 6: File RTI on the exemption — the practical steps.** (a) the RTI application — is filed — with the PIO — and the PIO — can deny — citing the exemption — with the reason — in writing, (b) the First Appeal — is filed — within 30 days — and the FAA — reviews — the denial, (c) the Second Appeal — is filed — with the CIC — or the SIC — within 90 days — and the CIC — or the SIC — decides — on the exemption, (d) the CIC — has consistently — held — that the exemptions — are the exceptions — and not the rule — and the larger public interest — overrides — the exemption — in many cases.
 +  - **Step 7: Practical tips.** (a) check — if the organization — is in the Second Schedule — before filing — the RTI, (b) check — if the information — falls — under Section 8 — or Section 9 — before filing, (c) cite — the larger public interest — in the RTI — application — to overcome — the exemption, (d) file the First Appeal — within 30 days — of the denial — or the silence, (e) file the Second Appeal — with the CIC — or the SIC — within 90 days — of the First Appeal — decision, (f) Example: A citizen — filed RTI — with the CBI — asking for the investigation — status — the CBI — denied — citing Section 24 — the citizen — filed — the Second Appeal — with the CIC — citing the corruption — and the larger public interest — and the CIC — ordered — the disclosure — of the investigation — status — with the approval — of the CIC.
 +
 +See [[https://righttoinformation.wiki/where-you-cannot-apply-rti|Where You Cannot Apply RTI]] and [[https://righttoinformation.wiki/rti-second-appeal-cic-sic|Second Appeal]].
 +
 +{{tag>rti exemptions section 8 section 24 india 2026 excluded organizations intelligence security cic alternatives 2026}}