Table of Contents
Section 21 — Protection of Action Taken in Good Faith
In one line: Section 21 protects officers from civil/criminal proceedings for actions taken in good faith under the Act. It is narrow — good faith is a high bar, and mala fide conduct under Section 20 is not good faith.
Key points
- No suit, prosecution or other legal proceeding shall lie against any person for anything done in good faith.
- 'Good faith' requires honest belief in lawfulness, not merely absence of bad intent.
- Section 20 penalty for mala fide conduct is not barred by Section 21.
Legislative history
No amendments.
Rulings and references
- CIC decisions — officers who follow Commission directions in good faith are protected; those who ignore directions and later claim good faith are not.
- State of A.P. v. N. Venugopal, AIR 1964 SC 33 — good faith interpretation in statutory immunity context.
Practical note
Used as a defence in rare civil suits by third parties aggrieved by disclosure. Not available to the PIO whose delay or refusal is under Section 20 scrutiny.
Call to action
For drafting RTIs or appeals engaging this section, use the First RTI template or the First Appeal template. See How to fill an RTI application for structural help.
Related
Sources
- Right to Information Act, 2005, Section 21.
- RTI (Amendment) Act, 2019 (where applicable).
- DPDP Rules, 2025, notified 14 November 2025 (where applicable).
- Department of Personnel and Training, Guide on the RTI Act, 2005.
Last reviewed on: 21 April 2026