Fixation of Criminal Liability on Public Servant for Violation of RTI Law

Abstract

This article looks closely at whether public officials should face criminal consequences when they deliberately violate the Right to Information Act, 2005 (RTI). It highlights a clear gap between what the law provides—penalties and disciplinary action under Sections 19 and 20—and what actually happens in practice. Despite these provisions, the Central and State Information Commissions have used them sparingly, which has contributed to a growing backlog of appeals and a sense that such violations often go unpunished.

Drawing on empirical studies and annual data from the Central Information Commission, the paper argues that civil penalties alone have not been enough to discourage officials from intentionally withholding, destroying, or even falsifying information. To address this, it explores how provisions under the Bharatiya Nyaya Sanhita, 2023 (BNS) could be applied to hold public servants criminally accountable for such conduct.

The article then explains what needs to be proven to establish criminal liability—such as the official’s status as a public servant, the existence of a legal duty, deliberate disobedience, and an intention to cause harm. At the same time, it acknowledges concerns about possible misuse of criminal law and suggests safeguards to ensure that accountability measures remain fair and balanced.