act:section-10
Table of Contents
Section 10 — Severability
In one line: Section 10 prevents the common PIO move of refusing a whole record because part of it is exempt. If any part can be severed, it must be disclosed. Section 10(1) requires a reasoned decision stating what is severed and why. Section 10(2) requires that the reasons be given to the applicant.
Full text
- 10(1) — Where a request for access is rejected, the PIO may give access to that part of the record which does not contain any exempt information and which can reasonably be severed.
- 10(2) — The applicant shall be given a notice stating: (a) only part is disclosed, (b) reasons, © name and designation of the person making the decision, (d) fee details, (e) appeal rights.
Why it matters
Without Section 10, PIOs would refuse entire tender files because one signature was “personal”. With Section 10, the entire file must be disclosed with names redacted where privacy genuinely attracts Section 8(1)(j). It is the anti-blanket-refusal clause.
Landmark rulings
- CBSE and Anr. v. Aditya Bandopadhyay, (2011) 8 SCC 497 — implicitly endorsed severance as the default mode when any exemption is claimed.
- Bhagat Singh v. CIC, Delhi HC (2007) — if Section 8(1)(h) investigation exemption is invoked, only investigation-impeding portions can be withheld; rest must be severed.
- Girish Ramchandra Deshpande v. CIC, (2013) 1 SCC 212 — personal information should be severed, not used to refuse the whole record.
- CIC in Subhash Agarwal v. Ministry of Finance — severance analysis must appear in the PIO's speaking order, not as an afterthought.
Common non-severance patterns
| Refusal pattern | Why it fails Section 10 |
|---|---|
| “The whole file contains personal information” | Generic claim. Section 10 requires identification of each exempt portion. |
| “Commercial confidence — cannot be partially disclosed” | Contract numbers, dates, amounts are severable; only genuinely confidential terms exempt. |
| “Would require too much editing” | Effort is not a Section 10 exemption; Section 7(9) change-of-form applies. |
| “File is one integrated document” | Every document is severable at some level. The PIO must attempt. |
Drafting the severance clause
Always include in your RTI:
If any portion of the above information is exempt under Section 8 or Section 9, kindly apply Section 10(1) and disclose the non-exempt portion with reasons stated under Section 10(2) for each severance.
And in your first appeal if the PIO refuses wholesale:
The PIO's refusal violates Section 10(1), which requires disclosure of non-exempt portions with reasons for severance. A bare claim of exemption over the whole record, without identifying the specific exempt portions and attempting severance, is a non-speaking order appealable on that ground alone.
Related
Sources
- RTI Act, 2005, Section 10.
- CBSE and Anr. v. Aditya Bandopadhyay, (2011) 8 SCC 497.
- Bhagat Singh v. CIC, Delhi HC (2007).
- Girish Ramchandra Deshpande v. CIC, (2013) 1 SCC 212.
Last reviewed on: 21 April 2026
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