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—guide:pio:section-10-severability [2026/07/10 22:17] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(Section 10 RTI severability,redact RTI,part disclosure RTI,PIO redaction,severable record RTI,RTI exempt portion)
 +metatag-description=(How a PIO must apply Section 10 severability: redact only the exempt portion, disclose the rest, give a clear noting and protected-portion list. Sample format inside.)}}
  
 +====== Section 10 Severability: How to Redact and Disclose Part Records ======
 +
 +<WRAP center round tip 100%>
 +Section 10 of the RTI Act 2005 is the severability rule: when part of a record falls under an exemption in Section 8 or Section 9, the PIO must disclose the **non-exempt portion** after reasonably severing the exempt material. Outright denial of the entire record because some portion is exempt is illegal. The CIC and several High Courts have repeatedly reversed PIO orders that refused entire files when only paragraphs were exempt.
 +</WRAP>
 +
 +===== When to use this guide =====
 +
 +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.
 +
 +===== Legal basis =====
 +
 +  * **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.
 +
 +===== Step-by-step process =====
 +
 +A PIO faced with a partly exempt record should follow this sequence.
 +
 +  - **Identify the document set.** List every document, register entry, noting, annexure that responds to each query.
 +  - **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.
 +  - **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.
 +  - **Redact carefully.** Use a black box that does not allow show-through; pdf redaction must be the destructive kind, not just an opaque overlay.
 +  - **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.
 +  - **Apply Section 11 if applicable.** If the severed portion was treated as confidential by a third party, give them notice before disclosure.
 +  - **Number the disclosed pages and certify them** under Section 7(9). This avoids tampering allegations.
 +
 +===== Format / template =====
 +
 +Sample severance noting and reply.
 +
 +<code>
 +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
 +</code>
 +
 +===== Common mistakes =====
 +
 +  * **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.
 +
 +===== Appeal or next step =====
 +
 +  * **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.
 +
 +===== FAQs =====
 +
 +==== Can the PIO refuse the entire document because part is exempt? ====
 +
 +No. Section 10(1) requires reasonable severance. Total denial is reversed.
 +
 +==== What is "reasonable" severance? ====
 +
 +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.
 +
 +==== Who decides what is exempt? ====
 +
 +The PIO, on the advice of the dealing officer. The reasons must be recorded in the noting. The FAA and CIC review on appeal.
 +
 +==== Can the third party demand redaction beyond what the PIO proposed? ====
 +
 +Yes, through the Section 11 process. The PIO is the final decision-maker but must consider the third party's objections.
 +
 +==== What if the file is in a non-text format (eg blueprints, drawings)? ====
 +
 +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.
 +
 +==== Is Section 10 applicable to Section 8(1)(d) commercial confidence? ====
 +
 +Yes. Severance applies to all exemptions in Section 8 and Section 9. Pricing can be summarised; trade secrets can be masked.
 +
 +==== Does Section 10 reduce the fee? ====
 +
 +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.
 +
 +===== Sources =====
 +
 +  * RTI Act 2005: [[https://cic.gov.in/rti-act.pdf|cic.gov.in]]
 +  * Department of Personnel and Training: [[https://dopt.gov.in|dopt.gov.in]]
 +  * Central Information Commission: [[https://cic.gov.in|cic.gov.in]]
 +  * Supreme Court of India: [[https://main.sci.gov.in|main.sci.gov.in]]
 +  * RTI training material at YASHADA / IIPA / state ATIs
 +
 +Last reviewed: 9 May 2026.
 +
 +===== Related PIO guides =====
 +
 +  * [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]] for inbound applicants.
 +  * [[guide|Guide hub]]
 +  * [[guide:pio:section-8-1-j-personal-information|Section 8(1)(j) checklist]]
 +  * [[guide:pio:section-11-third-party-notice|Section 11 third-party notice]]
 +  * [[guide:pio:reply-after-dpdp|PIO reply after DPDP]]
 +  * [[guide:pio:file-noting-format|PIO file noting format]]
 +  * [[guide:pio:vague-voluminous-rti|Vague or voluminous RTI]]
 +===== Section 10 of RTI Act: Severability — What happens when part of an RTI request is exempt? =====
 +
 +Section 10 (Severability) — complete guide on how partial disclosure works under RTI:
 +
 +  - **Step 1: What is Section 10?** (a) Section 10 of the RTI Act deals with severability — when a record contains some information that is exempt (under Section 8 or 9) and some that is not, the PIO must sever (separate) the exempt portion and provide the non-exempt portion, (b) the section reads: "Where a request has been rejected... the Central Public Information Officer or State Public Information Officer, as the case may be, shall give to the requester... the reasons for the rejection... and the fact that the requester may prefer an appeal", (c) the core principle: partial disclosure is better than no disclosure — the PIO cannot reject the entire request just because part of it is exempt.
 +  - **Step 2: How severability works.** (a) the PIO examines the record (identifies which portions are exempt — under Section 8(1)(a) to (j) or Section 9 — and which portions are not), (b) the PIO severs the exempt portions (by redacting, blacking out, or removing the exempt information — while preserving the non-exempt information), (c) the PIO provides the severed (partially disclosed) record to the applicant (with a note explaining which portions were severed and under which exemption), (d) the PIO must record the reasons for severance (in writing — citing the specific exemption clause).
 +  - **Step 3: Common scenarios.** (a) file notings containing personal information: the PIO severs the personal information (e.g., names, addresses, phone numbers of third parties — under Section 8(1)(j)) and provides the rest, (b) cabinet papers: the PIO severs the deliberations (under Section 8(1)(i)) and provides the decision and the reasons (after the decision is made), (c) commercial confidence: the PIO severs the commercial/trade secrets of a third party (under Section 8(1)(d)) and provides the non-confidential portions, (d) legal privilege: the PIO severs the legal advice (under Section 8(1)(e)) and provides the factual information.
 +  - **Step 4: PIO obligations.** (a) the PIO must apply severability BEFORE rejecting (the PIO cannot reject the entire request without first examining whether severability is possible), (b) the PIO must record reasons (for each severed portion — the specific exemption and the reason), (c) the PIO must provide the severed record (in the requested format — photocopy, certified copy, electronic form — as per Section 7(5)), (d) the PIO must inform the applicant (that severance was applied — and which portions were severed and why — so the applicant can appeal if needed).
 +  - **Step 5: Applicant rights.** (a) if the PIO rejects the entire request (without applying severability): the applicant can file a first appeal (arguing that severability should have been applied — and the non-exempt portions should have been provided), (b) if the PIO severs but the applicant disagrees (the applicant believes more information should have been provided — the severance was excessive): the applicant can file a first appeal, (c) if the FAA does not respond: the applicant can file a second appeal with the Information Commission, (d) the Information Commission can: (i) order the PIO to provide additional information (if the severance was excessive), (ii) uphold the severance (if the exempt portions were correctly severed), (iii) impose a penalty (if the PIO rejected the entire request without applying severability).
 +  - **Step 6: Case law.** (a) CBSE vs. Aditya Bandopadhyay (2011) — the Supreme Court held that: (i) the PIO must sever exempt information and provide the rest, (ii) the answer sheets can be disclosed (after severing the examiner's identity and personal notings — under Section 8(1)(j)), (b) Wajahat Habibullah vs. CIC (2009) — the Delhi High Court held that file notings are covered under RTI (and severability applies — the personal notings can be severed, but the substantive notings must be provided), (c) State of UP vs. Raj Narain (1975) — the Supreme Court held that the right to information is part of Article 19(1)(a) (and severability ensures that exemptions do not swallow the right).
 +  - **Step 7: Practical tips.** (a) when filing RTI: request specific information (not "all file notings" — but "the file notings on [specific topic] — with personal information of third parties severed under Section 10"), (b) if the PIO rejects: ask for the specific exemption clause (and why severability was not applied — under Section 10), (c) in the first appeal: argue that (i) severability was not applied, (ii) the non-exempt portions should be provided, (iii) the PIO's rejection is contrary to Section 10 and the CBSE vs. Aditya Bandopadhyay judgment, (d) in the second appeal: cite the case law and demand (i) the severed record, (ii) penalty under Section 20 for non-application of severability.
 +
 +See [[https://righttoinformation.wiki/guide/pio/section-10-severability|Section 10 Severability]] and [[https://righttoinformation.wiki/guide/first-appeal|First Appeal]].
 +
 +{{tag>section 10 severability rti act partial disclosure redaction exemption section 8 9 cbse aditya bandopadhyay file notings 2026}}