Right to Information Wiki
Fundamental facts every RTI applicant should know

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

Fundamental facts every RTI applicant should know

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)

Last reviewed: 4 May 2026.

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