What are the powers of the police to interrogate a person?

What are the powers of the police to interrogate a person?
What are the powers of the police to interrogate a person?

The police officer can require the attendance of the person, who appears to be acquainted with the facts and circumstances in relation to the commission of an offence, to appear before him.

The person has to answer the questions that may be put to him, but is not bound to answer such questions that have a tendency to expose him to a criminal charge or penalty. However, the police officer can not compel a woman or a child of less than 15 years to attend the police station (section 160).

The police can record the statement of the person under section 161, but the person can not be asked to sign such a statement. Even if he is forced to sign, it carries no weight in evidence. A self incriminating confession made to the police officer is inadmissible in a court of law. During interrogation, the police is bound to permit the person being interrogated to be interrogated in the presence of his advocate.

The questioning/interrogation of a suspect/witness must be made only between sunrise and sunset. (Susheela Mishra vs Delhi Administration AIR 1983 SC 1153). Beating the accused or any other person to extract information during interrogation is not permissible. (State of A.P. vs Venugopal AIR 1964 SC 33).

The Police officer can not insist a woman to appear at the police station. ( Nandani Satpathy vs P.L.Dani AIR 1978 SC 1025). If there is any mode of pressure – subtle or crude, mental or physical, direct or indirect – but sufficiently substantial, applied by the police for obtaining information from an accused strongly suggestive of guilt, it becomes compelled testimony violative of Article 20(3) of Constitution of India. (Nandani Satpathy vs P.L.Dani AIR 1978 SC 1025)

How do I write my application for seeking the information as per RTI Act 2005?

How do I write my application for seeking the information as per RTI Act 2005?
How do I write my application for seeking the information as per RTI Act 2005?

The text of the application may be written in the prescribed column of the RTI request form. At present, the text of the application is confined up to 3000 characters only.
In case, the text of an application contains more than 3000 characters, it can be uploaded as a PDF attachment in the “Supporting Document” column of the form.

An applicant who desires to obtain information under the RTI Act, 2005 can make a request through this RTI Online Portal to the Central Ministries/Departments and other Central Public Authorities mentioned in ONLINE RTI request form.

RTI stands for “Right to Information”. Right to Information is a fundamental right that every citizen has! Basically, the RTI gives you all the information that you want about the Govt. and what they are doing with your tax money!

You have the right to ask the Govt. why the roads outside your house are not fixed, why have you not received your “rashan card” as yet, why is there so much garbage in your area that is not picked up etc.

What should I do after getting RTI information?

What should I do after getting RTI information?
What should I do after getting RTI information?

I should do after getting RTI information as follows-

Often a lot of things start falling in place just by asking for information. For instance, you would get your passport or a ration card just by asking for the status of your application.

In many cases, roads got repaired as soon as the “money spent” on repairs was asked. So, seeking information and questioning the government is an important step, which in itself is complete in many cases.

But suppose you expose some corruption or wrongdoing using RTI. Then, you can complain to vigilance agencies, CBI or even file an FIR.

But one thing is certain. Seeking information like this and exposing the corruption does improve the future. The officials get a clear message that the people of that area have become alert and any wrongdoings in future would not remain hidden as they were in the past. So, their risks of getting caught increase.

If the information requested by the applicant is in the possession of the APIO should he/she not give that information to the applicant?

If the information requested by the applicant is in the possession of the APIO should he/she not give that information to the applicant?
If the information requested by the applicant is in the possession of the APIO should he/she not give that information to the applicant?

Under the RTI Act, the APIO’s obligation is confined to forwarding the request to the PIO concerned forthwith – within five days.

It depends on why you asked for that information and what type of information is it. Often a lot of things start falling in place just by asking for information. For instance, you would get your passport or a ration card just by asking for the status of your application. In many cases, roads got repaired as soon as the “money spent” on repairs was asked. So, seeking information and questioning the government is an important step, which in itself is complete in many cases.

But suppose you expose some corruption or wrongdoing using RTI. Then, you can complain to vigilance agencies, CBI or even file an FIR.

But one thing is certain. Seeking information like this and exposing the corruption does improve the future. The officials get a clear message that the people of that area have become alert and any wrongdoings in future would not remain hidden as they were in the past. So, their risks of getting caught increase.

Can the PIO refuse to accept my RTI application?

Can the PIO refuse to accept my RTI application?
Can the PIO refuse to accept my RTI application?

If any person is unable to submit a request to a Public Information Officer either by reason that such an officer has not been appointed by the concerned public authority; or the Assistant Public Information Officer has refused to accept his or her application or appeal for forwarding the same to the Public Information Officer or the appellate authority, as the case may be; or he has been refused access to any information requested by him under the RTI Act; or he has not been given a response to a request for information within the time limit specified in the Act; or he has been required to pay an amount of fee which he considers unreasonable; or he believes that he has been given incomplete, misleading or false information, he can make a complaint to the Information Commission.

Yes, there is an “application fee”. For Central Government Departments, it is Rs.10. However, different states have different fees.

For getting information, you have to pay Rs.2 per page of information provided for Central Government Departments. It is different for different states.

Similarly, there is a fee for inspection of documents. There is no fee for first hour of inspection, but after that, you have to pay Rs.5 for every hour or inspection. This is according to Central Rules. For each state, you need to see respective state rules.

You can deposit fee in cash or through a DD or bankers cheque or postal order. You can then deposit your application either by post or by hand.

Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.

What if I can not locate my PIO or APIO?

What if I can not locate my PIO or APIO?
What if I can not locate my PIO or APIO?

In case you have problems locating your PIO/APIO you can address your RTI application to the “PIO C/o Head of Department” and send it to the concerned department with the requisite application fee. The Head of Department will have to forward your application to the concerned PIO.

Yes, there is an “application fee”. For Central Government Departments, it is Rs.10. However, different states have different fees.

For getting information, you have to pay Rs.2 per page of information provided for Central Government Departments. It is different for different states.

Similarly, there is a fee for inspection of documents. There is no fee for first hour of inspection, but after that, you have to pay Rs.5 for every hour or inspection. This is according to Central Rules. For each state, you need to see respective state rules.

You can deposit fee in cash or through a DD or bankers cheque or postal order. You can then deposit your application either by post or by hand.

Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.

How can I send my application fee?

How can I send my application fee?
How can I send my application fee?

Every state has a different mode of payment for application fee. Generally, you can deposit your application fee via:

  • In person by paying cash [remember to take your receipt
  • Demand Draft
  • Indian Postal Order
  • Money orders (only in some states)
  • Affixing Court fee Stamp (only in some states)
  • Banker’s cheque

Some state governments have some “head of account”. You are required to deposit fee in that account. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favor of that account along with your RTI application. Please see respective state rules.

Yes, there is an “application fee”. For Central Government Departments, it is Rs.10. However, different states have different fees.

For getting information, you have to pay Rs.2 per page of information provided for Central Government Departments. It is different for different states.

Similarly, there is a fee for inspection of documents. There is no fee for first hour of inspection, but after that, you have to pay Rs.5 for every hour or inspection. This is according to Central Rules. For each state, you need to see respective state rules.

You can deposit fee in cash or through a DD or bankers cheque or postal order. You can then deposit your application either by post or by hand.

What kind of assistance is available From CPIOs?

What kind of assistance is available From CPIOs?
What kind of assistance is available From CPIOs?

The Central Public Information Officer shall render reasonable assistance to the persons seeking information. If a person is unable to make a request in writing, he may seek the help of the CPIO to write his application.

Where a decision is taken to give access to a sensorily disabled person to any document, the Central Public Information Officer, shall provide such assistance to enable access to information, including providing such assistance to the person as may be appropriate for the inspection.

Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.

RTI stands for “Right to Information”. Right to Information is a fundamental right that every citizen has! Basically, the RTI gives you all the information that you want about the Govt. and what they are doing with your tax money!

You have the right to ask the Govt. why the roads outside your house are not fixed, why have you not received your “rashan card” as yet, why is there so much garbage in your area that is not picked up etc.

Is there any organization(s) exempt from providing information under RTI Act?

Is there any organization(s) exempt from providing information under RTI Act?
Is there any organization(s) exempt from providing information under RTI Act?

Yes, certain intelligence and security organisations specified in the Second Schedule, are exempted from providing information excepting the information pertaining to the allegations of corruption and human rights violations.

RTI stands for “Right to Information”. Right to Information is a fundamental right that every citizen has! Basically, the RTI gives you all the information that you want about the Govt. and what they are doing with your tax money!

You have the right to ask the Govt. why the roads outside your house are not fixed, why have you not received your “rashan card” as yet, why is there so much garbage in your area that is not picked up etc.

The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. An informed citizenry will be better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed. The Act has created a practical regime through which the citizens of the country may have access to information under the control of public authorities

What is Third Party Information?

 What is Third Party Information?
What is Third Party Information?

Third Party Information – Third party in relation to the RTI Act means a person other than the citizen who has made request for information. The definition of third party includes a public authority other than the public authority to whom the request has been made.

The basic object of the Right to Information Act – The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense.

An informed citizenry will be better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed.

The Act has created a practical regime through which the citizens of the country may have access to information under the control of public authorities.