RTI Act


Are police records accesible to public? Can I check or file an RTI Request to check if there is any FIR/Criminal/ Crime records or any complaints registered against me by submitting request to NCRB online . Seeking for an answer as it would be a timely help to me.
 
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Dear User, RTI is meant for seeking information under the Right to Information Act 2005. Meaning of Information under the RTI Act, 2005: Under the RTI Act, 2005 "information" is defined under Section 2(f), which provides: "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. This definition shows that an applicant under Section 6 of the RTI Act can get any information which is already in existence and accessible to the public authority under law. Of course, under the RTI Act an applicant is entitled to get copy of the opinions, advices, circulars, orders, etc., but she cannot ask for any information as to why such opinions, advices, circulars, orders, etc. have been passed, especially in matters pertaining to judicial decisions. Although, i have made sincere efforts in providing sufficient matter to help you in your case. Thanks
 
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Retired employee.

1. Any information in the form of material, in the control and custody of Public Authority ..unless specifically exempted under RTI Act Sec.9 can be accessed through inspection, obtaining copies, get them certified etc.

2. Police have to provide such information on public record if those documents can not impede the progress of the investigation.

3. Public information officer is bound to state such section and subsection with proper justification for denying information.  If it is denied he should justify how providing that record can impede the progress of investigation in that particular case.

4. If the information is exempted as third party information, Police may as part of formality may call for comments of third party and personal information of others is not accessible unless it is for larger public interest. Calling for comments is a formality and it is PIO that has to decide. What is larger public interest has to be stated by applicant and final decision is of PIO and later IC to rule whether LPI is involved or not?

5. If the information pertains to Life or Liberty in RTI, PIO must provide the information within 48 hours from date of receipt of application.   In case of other information he has to provide that information as expeditiously as possible but in no case without exceeding 30 days.

 
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Advocate

Yes, you can seek inspection file document/file under RTI. But why you are bothered of FIR being registered against you.


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I don't think the police are to give information about First Information Report.

 
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Retired employee.

They are bound to provide any information that is not exempted and RTI Act supersedes all other enactments or regulations if any.  However, it depends on the type of information like post-mortem report etc.., in providing to those not affected.   I have obtained a minimum of ten such reports on the progress of investigation not only from police but also from Central Vigilance Commission.

RTI Act simply says either provide the information or deny information stating such exemptions in Sec.8 and with justifications.   Even if PIO denies there are two more steps first and second appeal.  Coming to affected parties, they have a right to seek such documents even without RTI.

 
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