Open Records Laws in India

Response Timeline

30 calendar days from the date the application is received by the Public Information Officer (PIO). If the request is transferred to another public authority (because it holds the information), the 30-day clock restarts from the date of transfer. For information concerning the life or liberty of a person, the response time is shortened to 48 hours. If the PIO requires additional fees for providing copies, the 30-day period is paused between sending the fee notice and receiving payment. If no response is received within 30 days, the request is deemed refused and the applicant may proceed to appeal. If the authority misses the 30-day deadline, the information must be provided free of charge (Section 7(6)).

The RTI Act grants the right to information to "every citizen" of India (Section 3). Foreign nationals and non-citizen residents are not eligible to file RTI requests. No requirement to state the reason or purpose of the request — Section 6(2) explicitly provides that an applicant need not give any reason for requesting the information or any personal details except those necessary for contacting the applicant.

How to Submit a Request

Accepted Methods

• Portal
• Mail
• In person
• Email

RTI applications can be filed: (1) Online via the RTI Online Portal (rtionline.gov.in) for central government bodies, with payment via internet banking, debit/credit cards, or UPI; (2) In writing on plain paper (no prescribed form required) addressed to the Public Information Officer (PIO) of the relevant authority; (3) In person at the public authority's office with cash payment and receipt; (4) By post with Indian Postal Order, demand draft, or banker's cheque for Rs 10. Applications can be made in English, Hindi, or the official language of the area. Illiterate or disabled persons may make oral requests, which the PIO must reduce to writing.

Required Elements

• Name — Name of the applicant (Section 6)
• Address contact — Contact address for correspondence (Section 6)
• Description — Particulars of the information requested — must be specific enough to identify the records sought (Section 6)
• Fee — Application fee of Rs 10 (central government) or as prescribed by state rules, unless the applicant is below the poverty line (BPL)

Optional Elements

• Preferred format — Preferred format for receiving information (printout, electronic, inspection, certified copies)
• Bpl certificate — BPL certificate to claim fee exemption (must be attached if claiming below-poverty-line status)
• Specific department — Name of the specific department or section likely to hold the information

Fees

The central government application fee is Rs 10 (~USD 0.12), payable via Indian Postal Order, demand draft, banker's cheque, cash, or online payment. Copy fees are Rs 2 per A4/A3 page (~USD 0.024). Inspection of records is free for the first hour. BPL (Below Poverty Line) applicants are fully exempt from all fees — they must attach a BPL certificate. State governments set their own fee schedules which may differ. Critically, if the PIO fails to respond within 30 days, all information must be provided free of charge (Section 7(6)) — this is a powerful incentive for timely responses.

Fee Waivers

• {'name': 'Below Poverty Line (BPL)', 'waives': ['application_fee', 'copy_fees', 'all_fees'], 'category': 'statutory', 'criteria': ['Applicant holds a BPL certificate issued by the appropriate government'], 'how_to_apply': 'Attach a copy of the BPL certificate with the RTI application'}
• {'name': 'Missed Deadline Waiver', 'waives': ['all_fees'], 'category': 'automatic', 'criteria': ['Public authority fails to respond within the 30-day statutory deadline'], 'how_to_apply': 'Automatic — Section 7(6) mandates that information must be provided free if the deadline is missed'}

Two fee waiver mechanisms exist: (1) BPL applicants are fully exempt from all fees under Section 7(5) — they must provide a BPL certificate; (2) Under Section 7(6), if the PIO fails to provide information within the statutory time limit, the information must be provided free of charge. This automatic waiver is a significant accountability mechanism.

Exemptions

• Sovereignty, Security & International Relations (§8(1)(a))
  Information whose disclosure would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign States, or lead to incitement of an offence.
• Court-Prohibited Information (§8(1)(b))
  Information expressly forbidden to be published by any court of law or tribunal, or the disclosure of which may constitute contempt of court.
• Parliamentary Privilege (§8(1)(c))
  Information whose disclosure would cause a breach of privilege of Parliament or the State Legislature.
• Commercial Confidence & Trade Secrets (§8(1)(d))
  Information including commercial confidence, trade secrets, or intellectual property whose disclosure would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants disclosure.
• Fiduciary Relationship (§8(1)(e))
  Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants disclosure.
• Foreign Government Confidential Information (§8(1)(f))
  Information received in confidence from a foreign government.
• Life Safety & Confidential Sources (§8(1)(g))
  Information whose disclosure would endanger the life or physical safety of any person, or identify the source of information or assistance given in confidence for law enforcement or security purposes.
• Investigation & Prosecution (§8(1)(h))
  Information which would impede the process of investigation or apprehension or prosecution of offenders.
• Cabinet Papers (§8(1)(i))
  Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers. However, decisions of the Council of Ministers, the reasons thereof, and the material on which decisions were based must be made public after the decision is taken and the matter is complete.
• Personal Privacy (§8(1)(j))
  Personal information whose disclosure has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual, unless the larger public interest justifies disclosure.
• Copyright Infringement (§9)
  Information which would involve an infringement of copyright subsisting in a person other than the State (Section 9). This is separate from the Section 8 exemptions.
• Intelligence & Security Organisations (§24)
  27 intelligence and security organisations listed in the Second Schedule (including IB, RAW, CBI, ED, NTRO, DRDO) are fully exempt from the Act. However, information relating to allegations of corruption or human rights violations must still be disclosed — human rights disclosures require CIC approval and must be provided within 45 days.

Section 8(1) lists 10 exemption categories (a through j). Most are subject to a public interest override — Section 8(2) provides that information may be disclosed if the public interest in disclosure outweighs the harm to the protected interest. Section 8(3) contains a 20-year sunset clause: information exempt under Section 8(1) (except paragraphs a, c, and i) ceases to be exempt after 20 years from the date of the event. Section 9 adds copyright as a ground for refusal. Section 24 wholly exempts 27 intelligence and security organisations, with an important override for corruption and human rights allegations. Section 10 requires severability — if part of a record is exempt, the non-exempt portions must still be disclosed.

Appeal Process

India has a strong three-tier appeal system. The first two levels (First Appellate Authority and Information Commission) are free of charge and have binding authority. The Information Commissions (central and state) have quasi-judicial powers including the ability to impose penalties on non-compliant officials — this is a distinguishing feature of the Indian RTI Act. The 30-day + 90-day appeal deadlines ensure relatively quick resolution. Writ petitions to the High Court or Supreme Court are available as a last resort but are extraordinary remedies.

Request Templates

Records Retention

Public Records Act, 1993 (Act No. 69 of 1993)

View retention law →

Retention schedule catalog →

Every Records Creating Agency must compile a Retention Schedule in consultation with the National Archives of India. Records more than 25 years old must be appraised before destruction. Unclassified records over 30 years old may be made available to bona fide research scholars.

Sources & References

• Full text of law →
• Primary source →
• RTI Online Portal →
• Central Information Commission (CIC) →
• RTI Foundation of India →
• Commonwealth Human Rights Initiative - RTI Guide →
• RTI Rating - India →