Fundamental RTI Facts Every Applicant Should Know
Direct answer. Fifteen facts: (1) RTI is a citizen-only right, (2) no reason to be given, (3) existing records only - no opinion, no creation, (4) 30-day PIO deadline, (5) 48-hour life-and-liberty window, (6) Section 8 has 10 exemptions, (7) Section 10 severability must be applied, (8) Section 19 has two appeals (FAA + Commission), (9) Section 20 penalty is Rs 250/day cap Rs 25,000, (10) Section 19(8)(b) compensation has no cap. Plus 5 more - read the full list below.
When to use this guide
You are filing your first RTI and want a quick checklist of the rules that govern the entire process. This page is a checklist, not a primer - for a full explainer, see the applicant guide or the Act summary.
Fact 1: RTI is a citizen-only right
Section 3 confers the right on every citizen of India. Companies, societies, foreign nationals, and NRIs (in their NRI status) do not have the right in their own name. The standard workaround is to file through a citizen-shareholder or citizen-employee.
Fact 2: No reason needs to be given
Section 6(2) expressly bars the PIO from asking why you want the information. The application's prayer states what is sought; it does not have to state why.
Fact 3: Existing records only
Section 2(f) defines information as records in any form (including electronic). The Supreme Court in CBSE v. Aditya Bandopadhyay (2011) 8 SCC 497 held that the PIO is not required to:
- Create a new record.
- Compile data not already compiled.
- Answer an opinion question or a hypothetical.
Phrase your request as “a copy of [specific record]”, not “tell me whether…”.
Fact 4: 30-day PIO deadline
Section 7(1) sets a 30-day deadline from the date of receipt by the PIO. APIO route adds 5 days; Section 6(3) transfer resets the clock from receipt at the correct authority. Third-party hearing case: 40 days under Section 11(3).
Fact 5: 48-hour life-and-liberty window
The proviso to Section 7(1) sets a 48-hour window where the information concerns the life or liberty of a person. Examples: location of an undertrial, status of a custodial death enquiry, hospital admission record of a missing person. State this prominently in the subject line and the prayer.
Fact 6: Section 8 lists ten exemptions
Section 8(1) lists ten grounds of exemption - clauses (a) through (j). The most-litigated are:
- 8(1)(a): national security, sovereignty, scientific or strategic interest.
- 8(1)(d): commercial confidence, trade secrets, intellectual property.
- 8(1)(e): fiduciary relationship.
- 8(1)(g): information that would endanger a person's life or physical safety.
- 8(1)(h): information that would impede investigation, apprehension, or prosecution.
- 8(1)(j): personal information - fundamentally rewritten by the DPDP Act, 2023, in force from 14 November 2025.
For a plain-language note, see grounds for rejection.
Fact 7: Section 10 severability
Section 10 requires the PIO to release the non-exempt part of a record where part is exempt and part is not. The PIO must record reasons in writing and identify the severed parts. A blanket refusal of the entire file is illegal where severability is feasible.
Fact 8: Section 19 has two appeals
- First appeal under Section 19(1): to the FAA, within 30 days, decided in 30-45 days.
- Second appeal under Section 19(3): to the Information Commission, within 90 days.
Both must be filed in time. Late appeals can be condoned only on a written application showing sufficient cause.
Fact 9: Section 20 penalty
The Information Commission shall impose a penalty of Rs 250 per day of delay, capped at Rs 25,000, on the PIO who without reasonable cause delayed, refused, gave wrong information, or destroyed records. Only the Commission can impose this penalty - the FAA cannot.
Fact 10: Section 19(8)(b) compensation
The Commission (and the FAA) can order compensation to the appellant for loss or detriment. No statutory cap. Paid by the public authority, not the PIO personally. See penalty and compensation.
Fact 11: Section 18 complaint
A complaint under Section 18 is different from a second appeal. A complaint challenges the conduct of the PIO (refused to accept the application, demanded a reason, gave misleading information). A second appeal challenges the decision. You can file both together.
Fact 12: Fee structure
- Centre: Rs 10 application fee, Rs 2 per A4 page for copies, Rs 5 per 15 minutes after the first hour for inspection, Rs 50 per CD/diskette.
- States: Rs 10 to Rs 50 application fee, photocopy Rs 2 to Rs 5.
- BPL: Free under Section 7(5).
- Delay past 30 days: Free under Section 7(6).
Fact 13: Section 4 suo motu disclosure
Section 4(1)(b) requires every public authority to proactively publish 17 categories of information on its website - organisational structure, powers and duties, decision-making processes, budgets, subsidies, recipients of concessions, particulars of officers, the PIO's name, etc. Most departments are non-compliant. You can ask under RTI for any of the 17 items if not published.
Fact 14: Section 24 partial exclusion
Section 24 lists 25 intelligence and security organisations (e.g., Intelligence Bureau, RAW, NTRO) where the RTI Act does not apply - except for information on allegations of corruption and human rights violations, which is still disclosable. The Schedule lists the agencies; State Governments can add their own State agencies.
Fact 15: Information Commission
- Central Information Commission: cic.gov.in - final appellate body for Central public authorities.
- State Information Commission: one in each State, named differently (e.g., “Maharashtra State Information Commission”).
- Headed by a Chief Information Commissioner; up to 10 Information Commissioners in each.
- Powers of a civil court for evidence and witnesses.
- Decisions are binding; only writ jurisdiction of the High Court lies thereafter.
Frequently asked questions
Is RTI a fundamental right?
The right to information has been read into Article 19(1)(a) (freedom of speech and expression) by the Supreme Court since SP Gupta v. Union of India (1981). The RTI Act, 2005 is the statutory framework that operationalises this fundamental right.
Can RTI be filed against private bodies?
No, except where the private body is “substantially financed” by the government and falls under the Section 2(h) definition of public authority. Examples: certain aided colleges, certain co-operative societies. See what is a public authority.
Is there a model time limit for FAA orders?
30 days, extendable to 45 with written reasons (Section 19(6)). After 45 days, move directly to the Commission.
Can the same RTI be filed in multiple offices?
Filing in multiple offices is wasteful but not illegal. Pick the right one (the office that holds the record) and trust Section 6(3) for transfers.
Does the PIO have to type the reply?
The Act is silent. Most PIOs reply on letterhead with the office stamp. Hand-written replies are valid but rare.
What is the role of the APIO?
Section 5(2) allows public authorities to designate Assistant PIOs in sub-offices to receive RTI applications and forward them to the PIO. The APIO is a post-office, not a decision-maker. The applicant gets 5 extra days because of the APIO route.
Can RTI be filed by post in any language?
Yes. Section 6(1) allows English, Hindi, or the official language of the area. The PIO must reply in the same language.
Is the cost of certified copies higher than regular copies?
Yes. Certified copies typically cost Rs 5 to Rs 10 per page (State-dependent). Use them where the document is needed for litigation or formal record.
Where can I check whether my State has a different fee?
State Rules library on this site, or the State Information Commission's website.
Where can I draft an RTI now?
Use the AI RTI Drafter. Free, no login.
Related
Sources verified
- Right to Information Act, 2005 - Sections 2, 3, 4, 6, 7, 8, 10, 18, 19, 20, 24.
- CBSE v. Aditya Bandopadhyay, (2011) 8 SCC 497.
- cic.gov.in - Central Information Commission.
Last reviewed: 9 May 2026.
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