RTI Section 8: Exemption from disclosure of information

Exemption from disclosure of information

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—

(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

(f) information received in confidence from foreign Government;

(g) information, the disclosure of which 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;

(h) information which would impede the process of investigation or apprehension or prosecution of offenders;

(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:

Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over;

(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority is satisfied that the larger public interest justifies the disclosure of such information.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Information Sec 2(f) Public Authority Sec 2(h) Right to Information Sec 2(j) CPIO / SPIO Sec 2(c)

Legal Commentary & Landmark Judgments: Section 8

Section 8 of the Right to Information Act establishes the exhaustive statutory exemptions under which a public authority is legally permitted to withhold information from disclosure.

Core Legal Standard: Section 8 contains an exhaustive list of ten specific grounds (clauses a to j) where public authorities are exempt from disclosing information.
Operational Mechanism & Scope: Crucially, the public interest override in Section 8(2) mandates that even exempt information must be disclosed if the public interest in disclosure outweighs the harm to protected interests.

This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.

Key Landmark Precedents:

Central Board of Secondary Education v. Aditya Bandopadhyay (2011) 8 SCC 497: The Supreme Court held that an examining body does not hold evaluated answer sheets in a fiduciary capacity under Section 8(1)(e); examinees are entitled to inspect and obtain copies of their evaluated answer sheets under the RTI Act.
Girish Ramchandra Deshpande v. Central Information Commissioner (2012) 8 SCC 781: The Supreme Court ruled that personal records of a public servant, including service performance records, assets, liabilities, and income tax returns, are exempt under Section 8(1)(j) unless a larger public interest is clearly established.
Supreme Court of India v. Subhash Chandra Agarwal (2020) 5 SCC 481: A Constitution Bench held that the office of the Chief Justice of India is a public authority, and judicial independence is not a shield against transparency; requests must be balanced on a proportionality test under Section 8(1)(j) and the public interest override.

Legal Commentary:

Section 8 exemptions are interpreted narrowly by constitutional courts. The burden of proof rests entirely on the public authority to demonstrate which specific sub-clause applies. Blanket or generic claims of confidentiality are routinely struck down by the Information Commissions and High Courts.