rti-act-explained-simply
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| + | metatag-description=(The Right to Information Act, 2005 explained in plain English — 40 Q&A covering who can file, fees, timelines, exemptions, appeals and the DPDP 2025 amendment. No legal jargon.) | ||
| + | metatag-title=(RTI Act 2005 Explained Simply: 40 Plain-English Questions Answered)}} | ||
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| + | ====== RTI Act, 2005 Explained Simply — 40 Plain-English Questions Answered (2026) ====== | ||
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| + | **The Right to Information Act, 2005 is India' | ||
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| + | {{ : | ||
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| + | {{page> | ||
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| + | ===== The basics (Q1-Q10) ===== | ||
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| + | **Q1. What is the RTI Act in one line?** | ||
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| + | A law that lets any Indian citizen demand records from any public authority for Rs 10 and get them in 30 days. (§3, §6, §7(1)) | ||
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| + | **Q2. Who can file an RTI?** | ||
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| + | Any citizen of India. No age limit. No need to state reasons. No need to prove identity. (§3, §6(2)) | ||
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| + | **Q3. Can a company or NGO file an RTI?** | ||
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| + | Not directly. Only citizens have §3 standing. But a citizen member of the body can file in their own name. | ||
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| + | **Q4. Can an NRI file an RTI?** | ||
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| + | Yes, if they are still an Indian citizen (i.e., hold an Indian passport). OCI card holders are NOT citizens and lack §3 standing. | ||
| + | |||
| + | **Q5. What is a " | ||
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| + | Any body owned, controlled, or substantially financed by government, or constituted by a statute. Test from // | ||
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| + | **Q6. What information can I ask for?** | ||
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| + | Any record — file, document, email, noting, contract, tender, budget, expense, inspection report, logbook, sample, model, data in electronic form. (§2(f), §2(j)) | ||
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| + | **Q7. What information can I NOT ask for?** | ||
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| + | Opinions, justifications, | ||
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| + | **Q8. What is the fee?** | ||
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| + | Rs 10 for Central Government; Rs 20 for most States; Rs 10-20 for municipal bodies. BPL applicants are fully exempt. (§7(5), Central RTI Rules 2012) | ||
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| + | **Q9. What is the timeline?** | ||
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| + | 30 days from the PIO receiving the RTI. 48 hours if life or liberty is at stake. 45 days maximum if §11 third-party notice is involved. (§7(1)) | ||
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| + | **Q10. What happens if nobody responds?** | ||
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| + | Silence beyond 30 days = " | ||
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| + | ===== Filing an RTI (Q11-Q20) ===== | ||
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| + | **Q11. Do I need to use a specific form?** | ||
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| + | No. Plain paper or email works. The Central RTI Rules, 2012 have an optional form but no mandatory format. The request must just clearly identify the information and the applicant. | ||
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| + | **Q12. Can I file in a local language?** | ||
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| + | Yes — §4(3) and §6(1) explicitly allow filing in the official language of the State where the RTI is filed. Marathi in Maharashtra, | ||
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| + | **Q13. How do I pay?** | ||
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| + | Indian Postal Order, court fee stamp, or online UPI/card via rtionline.gov.in (Central) or State RTI portals. | ||
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| + | **Q14. Who is a PIO?** | ||
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| + | Public Information Officer — designated under §5(1) of the Act — the specific officer responsible for receiving and answering RTIs on behalf of a public authority. Each public authority must designate a PIO. | ||
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| + | **Q15. What if I don't know who the PIO is?** | ||
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| + | Address your application to "The Public Information Officer, [Department], | ||
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| + | **Q16. What if the PIO says the information is with another department? | ||
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| + | The PIO must transfer the RTI under §6(3) within 5 days and notify you. The transferee becomes the new PIO; the 30-day clock restarts from their receipt. | ||
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| + | **Q17. Can I ask for information about private parties?** | ||
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| + | No, unless the private party is a " | ||
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| + | **Q18. Can I file multiple RTIs on the same topic?** | ||
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| + | Yes. The Act imposes no limit. But bulk identical RTIs to the same PIO can be rejected as " | ||
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| + | **Q19. Is there a word limit on an RTI?** | ||
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| + | No statutory limit. Many State rules impose a 500-word limit on the description part. Keep it focused and enumerate the records you want. | ||
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| + | **Q20. Can I track my RTI online?** | ||
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| + | Yes on rtionline.gov.in (Central Government). Most State portals (Maharashtra MahaOnline, Karnataka Sakala, Kerala CITU) also provide tracking. For offline RTIs, keep the Speed Post Acknowledgement Due (AD) slip. | ||
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| + | ===== Exemptions — what the PIO can refuse (Q21-Q30) ===== | ||
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| + | **Q21. What is Section 8?** | ||
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| + | The exemptions list. Ten specific grounds on which a PIO can refuse disclosure (each narrowly interpreted). (§8(1)(a) to (j)) | ||
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| + | **Q22. What is the public-interest override?** | ||
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| + | If the PIO finds that public interest in disclosure outweighs the harm, information otherwise exempt under §8(1) must be disclosed. (§8(2)) | ||
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| + | **Q23. Can the PIO just say " | ||
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| + | No. The word " | ||
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| + | **Q24. What is §8(1)(j)? | ||
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| + | Personal information of any person. After DPDP Rules, 2025 (effective 14 November 2025), it protects personal data absolutely; the override is now §8(2) public interest — not the old " | ||
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| + | **Q25. What is §8(1)(e)? | ||
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| + | Fiduciary relationship — lawyer/ | ||
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| + | **Q26. What is Section 10?** | ||
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| + | " | ||
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| + | **Q27. What is Section 11?** | ||
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| + | Third-party procedure. If the record contains another person' | ||
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| + | **Q28. What is Section 24?** | ||
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| + | Intelligence and security organisations (CBI, IB, R&AW, NTRO, CRPF, BSF etc.) are exempt. BUT the proviso allows RTI for corruption or human-rights allegations. (§24(1)) | ||
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| + | **Q29. What is Section 9?** | ||
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| + | Copyright ground — limited exemption where a third party (NOT the State) holds copyright. State-owned copyright is not a refusal ground. (§9) | ||
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| + | **Q30. What is Section 22?** | ||
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| + | The RTI Act's overriding effect on the Official Secrets Act, 1923, and any inconsistent law. A six-line constitutional-grade provision. | ||
| + | |||
| + | ===== Appeals and penalties (Q31-Q36) ===== | ||
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| + | **Q31. What is a First Appeal?** | ||
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| + | A statutory appeal under §19(1) to the First Appellate Authority (FAA) — an officer senior to the PIO. Filed within 30 days of the PIO order or deemed refusal. FAA has 30 (extendable to 45) days to decide. | ||
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| + | **Q32. Is there a fee for First Appeal?** | ||
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| + | No. Central RTI Rules, 2012 do not prescribe a fee for First Appeal. | ||
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| + | **Q33. What is a Second Appeal?** | ||
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| + | Under §19(3) — appeal to the Central Information Commission (Central matters) or State Information Commission (State matters) within 90 days of the FAA order. Commissions have broad powers under §19(8). | ||
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| + | **Q34. What is Section 20 penalty?** | ||
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| + | Rs 250 per day of delay or wrongful refusal, capped at Rs 25,000. Imposed on the PIO personally, after a show-cause opportunity. (§20(1)) | ||
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| + | **Q35. Can I sue the PIO in civil court?** | ||
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| + | The RTI Act provides a statutory mechanism — First Appeal, Second Appeal, then writ under Article 226 before the High Court. Direct civil suit for damages is generally barred by §23. | ||
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| + | **Q36. What is Section 23?** | ||
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| + | Bar of jurisdiction — no civil court shall entertain any suit / application in respect of any order made under the Act. Appeals and writ before High Court are the exclusive route. | ||
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| + | ===== DPDP 2025 amendment (Q37-Q40) ===== | ||
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| + | **Q37. What changed on 14 November 2025?** | ||
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| + | Section 8(1)(j) was substituted by §44(3) of the Digital Personal Data Protection Act, 2023. The old " | ||
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| + | **Q38. Does DPDP 2025 apply to my old RTI?** | ||
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| + | No. Applications filed before 14 November 2025 are decided under the old §8(1)(j) three-part test per //SBI v. Ramesh Tyagi// (SC 2025). | ||
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| + | **Q39. Will I get less information now?** | ||
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| + | Sometimes yes, sometimes no. The new §8(1)(j) is cleaner but less expansive; the §8(2) override still works. Public-servant-conduct-in-public-capacity remains disclosable per //Girish Deshpande// (SC 2013). | ||
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| + | **Q40. What should a citizen do differently? | ||
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| + | (a) Frame RTI around records of public-authority action, not personal data of individuals. (b) Ask for severable records under §10. (c) Invoke §8(2) public-interest override with specific reasoning. (d) Know that aggregated / de-identified data is usually safer to disclose than individual records. | ||
| + | |||
| + | ===== Related reading — deeper guides ===== | ||
| + | |||
| + | * **[[: | ||
| + | * **[[: | ||
| + | * **[[: | ||
| + | * **[[: | ||
| + | * **[[:faq|25 RTI Questions — quicker reference]]** | ||
| + | * **[[: | ||
| + | * **[[: | ||
| + | |||
| + | ===== Sibling framework pages ===== | ||
| + | |||
| + | * **[[: | ||
| + | * **[[: | ||
| + | * **[[: | ||
| + | * **[[: | ||
| + | * **[[: | ||
| + | * **[[: | ||
| + | * **[[: | ||
| + | * **[[: | ||
| + | * **[[: | ||
| + | * **[[: | ||
| + | |||
| + | ===== What Should You Do Next? ===== | ||
| + | |||
| + | * **New to RTI?** Start with [[: | ||
| + | * **Have a rejection? | ||
| + | * **Need a template?** Use the [[: | ||
| + | * **Want to know your rights?** Read the [[: | ||
| + | * **PIO / FAA perspective? | ||
| + | |||
| + | ===== Sources ===== | ||
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| + | * Right to Information Act, 2005 (as amended) — §2, §3, §4, §6, §7, §8, §9, §10, §11, §19, §20, §22, §23, §24. | ||
| + | * Digital Personal Data Protection Act, 2023 — §44(3), notified effective 14 November 2025. | ||
| + | * Supreme Court and High Court rulings cited above. | ||
| + | * Central RTI Rules, 2012. | ||
| + | * Curated case-law database: [[: | ||
| + | |||
| + | ---- | ||
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| + | //Last reviewed: 22 April 2026.// | ||
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| + | {{tag> | ||
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