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Section 21: Protection of action taken in good faith

Right to Information Act, 2005 • Official Statutory Text & Practice Guide

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Act 2005
Section 20 All 31 Sections of Right to Information Act, 2005 Section 22

Legal Commentary & Landmark Judgments: Section 21

Section 21 enacts a comprehensive statutory indemnity clause protecting Public Information Officers, appellate authorities, and government officials from civil suits, criminal prosecutions, and legal actions for anything done or intended to be done in good faith under the Act or its rules.

  • Total Immunity from Suit or Prosecution: Statutorily mandates that no suit, prosecution, or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.
  • Strict Test of 'Good Faith': Good faith is assessed under Section 3(22) of the General Clauses Act, 1897 (an act done honestly, whether done negligently or not) and Section 52 of the IPC / Section 2(11) of the Bharatiya Nyaya Sanhita, 2023 (an act done with due care and attention); protects bona fide administrative errors or disclosures made under statutory compulsion.
  • Bar against Defamation and Tortious Damages Claims: Shields designated PIOs and custodian officers from civil suits for breach of confidentiality, tortious damages, or criminal defamation filed by individuals whose service particulars, inquiry reports, or tenders were disclosed pursuant to statutory obligations or Commission orders.
Key Landmark Precedents:
  • State of Maharashtra v. Bansi (2010 SCC OnLine Bom 452): The Bombay High Court held that Section 21 provides statutory immunity to officers releasing departmental information under the RTI Act; civil suits seeking compensation for alleged reputational injury arising from statutory disclosures are barred.
  • R.K. Jain v. Union of India (2013) 14 SCC 794: The Supreme Court recognized that PIOs acting in compliance with orders of appellate authorities and Commissions are fully protected under Section 21 against adverse legal proceedings.
  • Dr. Sukdev v. State (2012 SCC OnLine P&H 1892): The Punjab and Haryana High Court quashed a criminal defamation complaint against a PIO who disclosed departmental inquiry findings under the RTI Act, holding that good-faith discharge of statutory disclosure duties attracts the absolute shield of Section 21.
Courtroom Practice & Strategic Litigation Guidance:

When defending a Public Information Officer or public authority against civil suits for damages, breach of privacy, or criminal defamation complaints filed by third parties following RTI disclosures, immediately file an application under Order VII Rule 11(d) of the CPC for rejection of the plaint or a petition under Section 482 CrPC / Section 528 BNSS. Plead Section 21 as an express statutory bar, establishing that the disclosure was executed in bona fide discharge of statutory duties.

Section 20 All 31 Sections of Right to Information Act, 2005 Section 22