Indian evidence act

shyam lal (Querist) 01 December 2022 This query is : Resolved
Instead of writing a RTI to the PIO concerned. to save time can I just apply in in writing to the same PIO seeking information Quoteing Section 76 of the Indian Evidence Act .

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This discussion explores the distinction between Section 76 of the Indian Evidence Act, which allows certified copies of public documents a person has a right to inspect, and the Right to Information (RTI) Act, 2005, which provides broader access to information for transparency and accountability. While Section 76 is specific to inspectable records, RTI opens access to documents not in the public domain. When faced with denial of information, the recommended recourse is to file an appeal under the RTI Act, potentially escalating to the Second Appellate Authority if the First Appellate Authority is unavailable or unresponsive.

kavksatyanarayana (Expert) 01 December 2022
Yes, But to my understanding, any person may inspect the record under the Section, if it relates to that person can only be taken its copy.

Dr J C Vashista (Expert) 02 December 2022
Information sought under the provisions of RTI Act and Sec 76 of IEA are meant for different purpose(s).
Repeated academic question.
What is your opinion vis-a-vis facts qua subject ?

shyam lal (Querist) 02 December 2022
Expert Vashista kindly explain the different purposes of RTI & the IE Act 76 for my understanding. would be grateful of you.

Dr J C Vashista (Expert) 02 December 2022
Dear Sh. Shyam Lal,
It is respectfully submitted that I am a learner but not an expert.

The very purpose of Right to Information Act, 2005 is stated to be:
"An Act to provide for setting out the practical regime of right to information for citizens to
secure access to information under the control of public authorities, in order to promote
transparency and accountability in the workiiig of every public authority, the constitution of a
Central Information Commission and State Information Commissions and for matters
connected therewith or incidental thereto."

On the other hand Section 76 of the Indian Evidence Act, 1872 provides:
"76. Certified copies of public documents.—Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies.
Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies.
Explanation.—Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section."

Kindly enlighten and correct me, if there is some more information is available with you.

Thanks and Regards

shyam lal (Querist) 02 December 2022
Further expert ,Vashista for your info as you say my query is academic in nature. I had written to the PIO and the reply I got that that info sought can not be shared with third party.

shyam lal (Querist) 02 December 2022
Highly oblised by your answer Expert JC Vashita. one last question can I go back to the PIO armed with Section 76 of IEA?

Dr J C Vashista (Expert) 03 December 2022
Dear Sh. Shyam Lal,
Instead of moving to PIO you are required to file an appeal under Section 19 of the RTI Act, 2005 assailing the order / information / documents provided or not provided or irrelevant to your application.
Thanks and regards

shyam lal (Querist) 03 December 2022
Thanking you once again. appreciate your efforts in helping me. the irony is most of the State information officers post are lying vacant hence the lower order act as per their whims and pleasure in replying. In other words grease their palms. And it's a fact.
You know very well you gains most in suggesting to go for appeals and procedures.

Thanking you
Regards

kavksatyanarayana (Expert) 03 December 2022
Dr. Vasistha sir is a genius and well knowledge person. He will give replies with his talented experience.

shyam lal (Querist) 04 December 2022
Expert Kavksatya. one seeks legal remedy for his query and not cut paste replies. I am sure you agree.

Dr J C Vashista (Expert) 05 December 2022
Dear Sh. Shyam Lal,
You will appreciate the fact that Sh. Kavksatayanarayana ji is one of the best experts on this platform who enjoys rich knowledge, experience and due respect on majority of the subjects providing best of the legal remedy to the queries, which do not amount to "cut paste" as alleged. I, therefore, request you to kindly amend your perception favouring him and close this thread.
Thanks and regards

Dr J C Vashista (Expert) 05 December 2022
Dear Sh. Shyam Lal ji,
Please appreciate the fact that as a legal advisor we have least say in filling up vacancies of First Appellate Authority.
However, as I have experienced appointment of FAA is generally ex-officio i.e., next higher officer in the hierarchy of organisation, which you might have found the post may be vacant., consequently applicant seeking information suffers. Whatsoever, in such circumstances (after reasonable time) the applicant should move to Second Appellate Authority i.e., Chief Information Commissioner .
Thanks and Regards

shyam lal (Querist) 05 December 2022
Vacant posts, inadequate members take a toll on the transparency regime. A good 17 years after India got the Right to Information (RTI) Act, the transparency regime in the country remains a mirage with nearly 3.15 lakh complaints or appeals pending with 26 information commissions across India(report)11-Oct-2022..

Sudhir Kumar, Advocate (Expert) 05 December 2022
Agreement with Dr Vashisht , I would add that section 76 of Evidence Act contains a key workd

"any person has a right to inspect"

such right is vested only in those cases whose public access to any paper is mandated by any law (ie. property ownership details). In case such mandate is not there the provision does not apply.

However in case of RTI Act, all such documents which are not in public domain are open for access by public. In case of denial there is punitive provisions as well.

shyam lal (Querist) 05 December 2022
Sudhir Kumar, Advocate
nearly 3.15 lakh complaints or appeals pending with 26 information commissions across
All what you and others have said is well known about the Law there.is nothing to be pleased or happy about. Question at large is.
Where does one go to get the desired information.?

Sudhir Kumar, Advocate (Expert) 05 December 2022
This is because CIC is highly lenient on awarding penalty and disciplinary action against erring officials despite such a strong law.

Dr J C Vashista (Expert) 06 December 2022
Lawyers / citizen aware about law do find out escape route to bypass the laws passed by legislature suiting to their requirement without attempting to find out its wider ramification(s), one of the biggest reason for such pendency, I think you may agree with me.

shyam lal (Querist) 06 December 2022
Advocate Sudhirkumar as per your and Dr. DC Vashita replies it just goes to show that the CIC is a good source of bread and butter for the Lawyers & Advocates.

When there is no remedy or relief answer is procedure & system

Sudhir Kumar, Advocate (Expert) 07 December 2022
If one set of system is not functioning with rigor, then other system cannot come forward.

Power to strictly enforce RTI Act is with CIC. They have been given huge powers to punish erring official. If they decide to be paper tiger then nothing can help

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