Section 21 RTI Act: Protection of action taken in good faith

Right to Information Act, 2005

Section 21 RTI Act at a Glance

Section 21 RTI Act protects any person from civil suits, criminal prosecutions, or other legal proceedings for anything done or intended to be done in good faith under the RTI Act or any rule made under the Act.

Section 21 RTI Act Bare Act Text

21. Protection of action taken in good faith.

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.

Section 21 RTI Act in Simple Words

Section 21 RTI Act grants legal immunity for actions taken in good faith under the Right to Information Act, 2005 or the rules made under the Act. It bars any suit, prosecution, or other legal proceeding, meaning no civil case, criminal case, or other legal action can be maintained against a person covered by the provision.

The protection applies to any person, including a Public Information Officer deciding a request under Section 7 RTI Act or a senior officer deciding a first appeal under Section 19 RTI Act. It covers both acts actually done and acts intended to be done, as long as the conduct is carried out under the RTI Act or a rule made under the RTI Act.

Good faith is the core condition for immunity under Section 21 RTI Act. Where a person acts in good faith under the RTI Act or its rules, courts and authorities cannot entertain a suit, prosecution, or other legal proceeding against that person for that act or intended act.

When Section 21 RTI Act Applies

  • A suit, prosecution, or other legal proceeding is sought to be brought against a person.
  • The challenged conduct was done, or intended to be done, under the RTI Act or any rule made under the RTI Act.
  • The person acted in good faith.

Example of Section 21 RTI Act

Murali, a Public Information Officer in a municipal office in Panaji, receives a written request under Section 6 RTI Act asking for road repair inspection reports. Acting in good faith under Section 7 RTI Act, Murali verifies that the reports are not exempt under Section 8 RTI Act and provides copies within 30 days. Mehul, a contractor named in the inspection reports, files a civil suit in Panaji against Murali seeking damages for releasing the reports. Because Murali disclosed the records in good faith under the RTI Act, Section 21 RTI Act bars the civil suit against Murali.

When Section 21 RTI Act Does Not Apply

  • Where the act or intended act was not done in good faith.
  • Where the act or intended act was not under the RTI Act or any rule made under the RTI Act.

FAQs on Section 21 RTI Act

What is Section 21 RTI Act?▼

Section 21 RTI Act protects any person from legal proceedings for acts done or intended to be done in good faith under the RTI Act or any rule made under the Act. No civil suit, criminal prosecution, or other legal proceeding lies against that person when those conditions are met.

Does Section 21 RTI Act protect only Public Information Officers?▼

No. Section 21 RTI Act uses the words 'any person', so the protection extends to any person acting or intending to act in good faith under the RTI Act or any rule made under the Act.

Does Section 21 RTI Act cover both civil suits and criminal prosecutions?▼

Yes. Section 21 RTI Act bars any suit, prosecution, or other legal proceeding when the act or intended act was in good faith under the RTI Act or rules made under the Act.

Are actions taken under RTI rules also covered by Section 21 RTI Act?▼

Yes. Section 21 RTI Act expressly covers anything done or intended to be done in good faith not only under the RTI Act itself, but also under any rule made under the Act.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Right to Information Act, 2005 ·