Fundamental facts every RTI applicant should know

Fundamental facts every RTI applicant should know — RTI Wiki

Quick Reply: Fundamental facts every RTI applicant should know - Section 3 unconditional right, Section 7 timelines, Section 8 exemptions, fee structure.

Before you file your first RTI, know these 10 fundamental facts. They protect you against PIO stonewalling and form the citation arsenal you will use at every stage — from application to first appeal to second appeal to High Court writ.

1. The right is unconditional (Section 3)

  • §3 of the RTI Act 2005: “Subject to the provisions of this Act, all citizens shall have the right to information.”
  • No reason needed. §6(2) expressly forbids the PIO from asking why.
  • Citation: Adesh Kumar v. UoI (Delhi HC, 2014).

2. The PIO has a duty to assist (Section 5(4))

  • §5(4): PIO must seek assistance of any officer to compile the reply.
  • The PIO cannot refuse on procedural grounds (vague / wrong office / not specific).
  • Citation: Bhagat Singh v. CIC (Delhi HC, 2007).

3. Reply within 30 days (Section 7(1))

  • Standard window: 30 days from receipt.
  • 48 hours if life or liberty is at stake.
  • Silence past 30 days = deemed refusal under §7(2).

4. Fee is capped (Section 7(3))

  • Application fee: ₹10 (most authorities), with state variations.
  • Photocopy: ₹2 per A4 page.
  • §7(5) — BPL applicants pay zero.
  • §7(6) — if PIO does not demand additional fee within 30 days, info MUST be supplied free.

5. Exemptions are a CLOSED LIST (Section 8 + 9)

  • Only the 10 grounds in §8(1) + §9 (third-party copyright) are valid grounds for refusal.
  • Anything else (irrelevance, vagueness, “you have no business asking”) is unlawful.
  • §8(2) — even §8(1) exemptions yield to public interest.

6. Severability is mandatory (Section 10)

  • §10(1): If part of the info is exempt, the rest must be disclosed.
  • §10(2): PIO must record reasons for severance in writing.
  • A blanket refusal of an entire RTI when only part is exempt is unlawful.

7. Third-party hearing is mandatory (Section 11)

  • If the info pertains to a third party, PIO must serve §11 notice within 5 days.
  • Third party has 10 days to respond.
  • PIO must consider response before deciding.
  • Citation: Arvind Kejriwal v. CPIO (Delhi HC, 2014).

8. Two-stage appeal is built in (Section 19)

  • §19(1) First Appeal: to FAA, within 30 days, free.
  • §19(3) Second Appeal: to CIC / SIC, within 90 days, free.
  • §19(8)(b): IC may award compensation.

9. Penalty + disciplinary action (Section 20)

  • §20(1): ₹250/day on PIO for malafide refusal (cap ₹25,000).
  • §20(2): Disciplinary action recommended.

10. The DPDP Act 2023 has changed §8(1)(j)

  • §44(3) of DPDP 2023 (in force 14 November 2025) deleted the proviso to §8(1)(j).
  • Public-interest test now anchors entirely in §8(2).
  • Substantive test for “personal information” unchanged: see Girish Deshpande + CPIO SC v. Subhash Agarwal.

Where this fits in your citizen workflow

  1. Before filing — read this page + pick a sample from sample RTI index.
  2. Drafting — use AI RTI Drafter.
  3. Tracking — use Timeline Tracker.
  4. First appeal — use First Appeal Builder.
  5. Second appeal — file directly with the SIC.

Citations and sources

  • Right to Information Act, 2005 — full annotated text
  • Adesh Kumar v. UoI (Delhi HC, 2014) — irrelevance is not a ground
  • Bhagat Singh v. CIC (Delhi HC, 2007) — §5(4) duty
  • Girish Deshpande (2013) 1 SCC 212 — §8(1)(j) test
  • CPIO Supreme Court v. Subhash Agarwal (2020) 5 SCC 481 — Constitution Bench
  • DPDP Act 2023 + DPDP Rules 2025 (in force 14 Nov 2025)

Stuck scheme or document? Check the status first

Many RTIs are filed because a government scheme or document is delayed. Before filing, check the status directly:

If a status is stuck beyond the official timeline, use the AI RTI Drafter to file in minutes.

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