Section 10 Severability: How to Redact and Disclose Part Records

Use this guide whenever an RTI request seeks a record that contains a mix of disclosable and exempt content, eg a vigilance file with both deliberative noting and final order, a procurement file with bid evaluation plus commercially confidential pricing, a personnel file with disciplinary noting plus medical certificate, or a complaint file where the complainant's identity must be redacted but the action taken is disclosable.

• RTI Act 2005, Section 10(1): Where information is exempt under Section 8, the PIO may give access to that part which can reasonably be severed from any part containing exempt information.
• Section 10(2): Notice to the applicant of the severance, with reasons and the name and designation of the PIO.
• Section 8 and Section 9: substantive exemptions.
• Section 11: third-party notice.

The Supreme Court in Central Public Information Officer, Supreme Court of India v Subhash Chandra Agarwal, (2020) 5 SCC 481 held that severability under Section 10 is a duty of the PIO and the Court approved redaction-and-disclose as the correct path.

The CIC in Anil Bhandari v Ministry of External Affairs (CIC, 2010) and Vikram Bahl v Ministry of Finance (CIC, 2014) has applied severability to financial files, vigilance files and inquiry reports.

A PIO faced with a partly exempt record should follow this sequence.

1. Identify the document set. List every document, register entry, noting, annexure that responds to each query.
2. Apply each exemption per page or paragraph. Mark in pencil or in a working sheet which paragraph triggers Section 8(1)(a)-(j) or Section 9.
3. Apply Section 10(1). For each marked portion, ask: can it be reasonably severed without distorting the rest? “Reasonably” means without making the residual record meaningless or misleading.
4. Redact carefully. Use a black box that does not allow show-through; pdf redaction must be the destructive kind, not just an opaque overlay.
5. Issue Section 10(2) notice. In the reply, identify the redacted portion (eg “paragraph 3 of file noting dated [date], page 17”), the exemption invoked and the reason.
6. Apply Section 11 if applicable. If the severed portion was treated as confidential by a third party, give them notice before disclosure.
7. Number the disclosed pages and certify them under Section 7(9). This avoids tampering allegations.

Sample severance noting and reply.

File noting under Section 10 of the RTI Act, 2005

1. The applicant at point [number] has sought certified copy of file [number] dated [date].

2. The file contains the following documents:
   (a) Letter dated [date] (pages 1-3), fully disclosable.
   (b) Internal noting dated [date] (page 4-7), paragraphs 1, 2, 5 disclosable; paragraphs 3 and 4 contain personal information of a third-party officer relating to medical leave, exempt under Section 8(1)(j); to be severed.
   (c) Inspection report dated [date] (page 8-12), fully disclosable.
   (d) Annexure C, bid pricing of L1, L2, L3, exempt under Section 8(1)(d); only the comparative summary disclosable; specific amounts severed.
   (e) Final order dated [date], fully disclosable.

3. Decision: I have severed paragraphs 3 and 4 of the noting dated [date], and the specific bid amounts in Annexure C, after applying Section 10(1). The reason for each is recorded above. The remaining content is disclosed.

4. Section 11 notice was issued to the third party on [date] in respect of paragraph 3 and 4. After hearing the third party on [date], I have decided to redact those paragraphs.

5. Section 10(2) notice: The applicant is informed in the covering letter that paragraphs 3 and 4 of the noting and the bid amounts in Annexure C have been redacted under Section 10(1) read with Section 8(1)(j) and 8(1)(d). The PIO is [Name and designation].

6. Total certified pages: [number]. Fee under Section 7(3): Rs. [amount] payable by [date].

[Signature]
Public Information Officer

• Withholding the entire file. Section 10 makes part-disclosure mandatory where the record can be reasonably severed. Total denial when severance is possible is illegal.
• Opaque overlays in PDFs. Using a black layer that can be removed by anyone with PDF tools. Always use destructive redaction (flatten and re-export).
• No reasoned noting. Section 10(2) requires the noting to identify the severed portion and give reasons.
• Skipping Section 11 notice. When the severed portion contains third-party data, give them notice.
• Severing inconsistently across appeals. If FAA orders disclosure of one paragraph, do not selectively redact it again at second appeal stage.
• Treating “voluminous” as severance ground. Volume is a Section 7(9) issue, not a Section 10 issue. Use the right route.

• First Appeal under Section 19(1), applicant can challenge the redaction; PIO must justify.
• Section 19(2) third-party appeal if the third party disagrees with disclosure.
• Second Appeal to CIC / SIC under Section 19(3).
• Inspection in chambers, the FAA / CIC may inspect the unredacted file in chambers and order specific disclosures.

No. Section 10(1) requires reasonable severance. Total denial is reversed.

Severance that does not distort the residual record or make it misleading. If after severance the record is meaningless, the PIO can record this and decline; otherwise must disclose.

The PIO, on the advice of the dealing officer. The reasons must be recorded in the noting. The FAA and CIC review on appeal.

Yes, through the Section 11 process. The PIO is the final decision-maker but must consider the third party's objections.

Severance applies similarly, eg a scaled drawing with a confidential annotation can be supplied with the annotation masked. Where severance is not feasible, the PIO must record reasons.

Yes. Severance applies to all exemptions in Section 8 and Section 9. Pricing can be summarised; trade secrets can be masked.

The fee under Section 7(3) is for the certified copies of the disclosed pages. Redacted pages are still pages, but the disclosed page count is what is charged.

• RTI Act 2005: rti.gov.in
• Department of Personnel and Training: dopt.gov.in
• Central Information Commission: cic.gov.in
• Supreme Court of India: main.sci.gov.in
• RTI training material at YASHADA / IIPA / state ATIs

Last reviewed: 9 May 2026.

• AI RTI Drafter for inbound applicants.
• Guide hub
• Section 8(1)(j) checklist
• Section 11 third-party notice
• PIO reply after DPDP
• PIO file noting format
• Vague or voluminous RTI