Law4u - Made in India

Within how many days must the First Appeal be filed?

16-Jun-2025
R.T.I

Answer By law4u team

Under the Right to Information (RTI) Act, 2005, the First Appeal must be filed within 30 days from the date on which the applicant either receives an unsatisfactory reply from the Public Information Officer (PIO) or when the time limit for receiving a reply expires. Detailed Explanation: 1. Time Limit to File First Appeal: Section 19(1) of the RTI Act states: "Any person who does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer (CPIO) or State Public Information Officer (SPIO), may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal..." So, the first appeal must be filed within: 30 days from the date of receipt of the reply, or 30 days from the expiry of the time limit for the PIO to respond (which is 30 days from the RTI request, or 48 hours in case of life and liberty matters). 2. Extension in Special Cases: The Appellate Authority may entertain the appeal even after 30 days if the appellant shows sufficient cause for delay. This is at the discretion of the authority. 3. Where to File: The first appeal is filed before the First Appellate Authority (FAA) — a senior officer designated in the same public authority above the PIO. 4. Format: The appeal can be filed in writing or online (where applicable) and should include: Name and address of the appellant Details of the RTI application and reply (if any) Reasons for dissatisfaction or non-receipt of reply Supporting documents such as copy of RTI request and PIO’s reply Conclusion: The First Appeal under RTI must be filed within 30 days from the date of receipt of the PIO's reply or the expiry of the statutory period (30 days). Delay may be condoned if justified.

Answer By Ayantika Mondal

Dear Client, The First Appeal under the Code of Civil Procedure, 1908 is to be filed within a certain time limit depending upon the case nature and court: In regular civil cases, the First Appeal is to be filed within 30 days from the date of the order or decree. If the decree is issued by a civil court in a suit (e.g., from a District Court or Civil Judge), the period of limitation is 90 days from the date of decree. This time period is available under Article 116 of the Limitation Act, 1963: 90 days for appeals from a decree or order to a High Court. 30 days for filing appeals to any other court (such as District Court) from a decree or order. But courts may excuse the delay under Section 5 of Limitation Act if the appellant proves sufficient reason for not availing of the same period. In State of Nagaland v. Lipok AO [(2005) 3 SCC 752], the Supreme Court ruled that the courts must apply a liberal approach while considering this sort of delay, but the cause must be real. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

R.T.I Verified Advocates

Get expert legal advice instantly.

Advocate Rajeev Kumar Jha

Advocate Rajeev Kumar Jha

Anticipatory Bail,Civil,Consumer Court,Documentation,High Court,Insurance,Landlord & Tenant,Property,R.T.I,RERA,Startup,Succession Certificate,Wills Trusts,

Get Advice
Advocate Krishan Bhushan

Advocate Krishan Bhushan

Civil, Consumer Court, Court Marriage, Banking & Finance, Cheque Bounce, GST, Insurance, R.T.I, Property, Revenue, Wills Trusts, Tax, Succession Certificate, Motor Accident, Labour & Service, Documentation, Anticipatory Bail

Get Advice
Advocate Rathin Doshi

Advocate Rathin Doshi

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Documentation, Family, High Court, Labour & Service, Landlord & Tenant, NCLT, Property, R.T.I, Recovery, RERA, Succession Certificate, Trademark & Copyright, Revenue

Get Advice
Advocate Kartik Sharma

Advocate Kartik Sharma

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, International Law, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Supreme Court, Tax, Wills Trusts

Get Advice
Advocate Shyam Kumar Yadav

Advocate Shyam Kumar Yadav

Arbitration, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, RERA, Succession Certificate, Tax, Trademark & Copyright, Revenue

Get Advice
Advocate Akshay Kumar Soni

Advocate Akshay Kumar Soni

Anticipatory Bail, Family, Criminal, Motor Accident, GST, Cheque Bounce, Consumer Court, Civil, Breach of Contract, Divorce, Cyber Crime, Domestic Violence, High Court, Labour & Service, R.T.I, Court Marriage, Muslim Law, Child Custody

Get Advice
Advocate Ragashayana M E

Advocate Ragashayana M E

Anticipatory Bail, Arbitration, Civil, Child Custody, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Property, R.T.I, Succession Certificate, Trademark & Copyright

Get Advice
Advocate Dharmesh Jadoun

Advocate Dharmesh Jadoun

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Divorce, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Property, R.T.I

Get Advice
Advocate Niladri Shekhar Pal

Advocate Niladri Shekhar Pal

Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Divorce, Documentation, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Property, R.T.I, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate A K Sinha

Advocate A K Sinha

Anticipatory Bail, Armed Forces Tribunal, Cheque Bounce, Civil, Criminal, Divorce, Family, High Court, Labour & Service, Landlord & Tenant, Property, RERA, Succession Certificate, Supreme Court, Wills Trusts, Consumer Court, Cyber Crime, Breach of Contract, Bankruptcy & Insolvency, Arbitration, Motor Accident, R.T.I, Revenue

Get Advice

R.T.I Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.