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Can an RTI be filed against police for FIR or investigation status?

Can an RTI be filed against police for FIR or investigation status?

06-Aug-2025

R.T.I

Answer By law4u team

Yes, an RTI can be filed against the police to seek information such as the FIR copy, investigation status, or action taken report under the Right to Information Act, 2005. Legal Basis: Police departments fall under the definition of "public authorities" under Section 2(h) of the RTI Act. Therefore, you have the legal right to seek certain types of information from them. What You Can Request via RTI: Copy of the FIR (First Information Report) Status of investigation in a criminal case Action taken on a written complaint Case diary details (limited) Names of investigating officers or assigned staff Final report filed under Section 173 CrPC (chargesheet or closure report) Whether the FIR has been forwarded to the magistrate How to File: 1. Address the application to the Public Information Officer (PIO) of the concerned police station or Commissioner/SP office. 2. Mention your request clearly, e.g.: “Kindly provide the certified copy of FIR No. \_\_\_ dated \_\_\_ filed at Police Station \_\_\_ and status of its investigation.” 3. Pay the ₹10 RTI fee (via IPO/DD/online depending on the state). 4. Submit the application by post, by hand, or via the RTI Online portal ([https://rtionline.gov.in/](https://rtionline.gov.in/)) if applicable. Exceptions (When RTI May Be Rejected): Under Section 8(1)(h) of the RTI Act, information can be denied if it impedes the process of investigation or prosecution. However: Courts have held that mere pendency of investigation is not sufficient reason to deny information. FIRs are public documents (as held in Youth Bar Association of India v. Union of India, 2016). Time Limit for Response: Within 30 days of filing the RTI. If no response, or if denied wrongly, you can file a First Appeal under Section 19(1) of the RTI Act. Important Notes: You can only seek information; you cannot ask for reasons or explanations under RTI. You need not be the complainant; any citizen can file RTI for FIR (unless exempted under special circumstances).

Answer By Ayantika Mondal

Dear Client, Yes, often an RTI application can be instituted to request information to police authorities since they are categorized as a public authority within the definition of the Right to Information Act, 2005, which is an effort to bring in transparency and accountability in all the government institutions. An RTI does not usually apply to some intelligence and security agencies like CBI or NIA in progress in their investigations since it is an exempted section in the Act. Nevertheless, even such organizations that are exempted are not allowed to conceal information that is linked to claims of corruption or abuse of human rights. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.

Answer By Anik

Dear Client, Yes we have that you may put forth a Right to Information (RTI) request to the police for which you seek out the progress of a First Information Report (FIR) and of the investigation. But it is also of import that you be aware of the fine points and exceptions to this right as some info may be kept from disclosure. Status of FIR As a complainant you are to be given a copy of the FIR by the Code of Criminal Procedure (Cr.P.C. at the time of its registration. But if you do not receive it, or wish to confirm its status an RTI application is a proper method to do so. The police department is a “public authority” under the RTI Act, 2005 which is bound to provide information which is on record. You may use an RTI to confirm that your complaint was in fact registered as an FIR and also to obtain a copy of it. Status of the Investigation Here it is out that the law steps up its complexity. While you do put in a RTI to check into an on going investigation the police have a legal right to turn over certain information. What they mostly do is to invoke Section 8(1)(h) of the RTI Act which puts out that “information which would hamper the process of investigation or arrest or prosecution of offenders” is exempt. The police at times will use this section to not produce information related to the details of the investigation, such as:. The names of witnesses. Statements recorded by the police. Evidence collected. The issue at hand of what was done in the investigation. Disclaiming those details may bring the investigation to a standstill, put witnesses at risk, or enable the accused to taint evidence and escape justice. However in many cases it has been determined that the fact of an ongoing investigation is not a sufficient cause to deny out the information. Police must put forth that the release of the particular info they are asking for will in fact impede the investigation. Also they can not use Section 8(1)(h) as a blanket excuse to turn down all information. What to expect when you file an RTI. When you submit an RTI for the status of an investigation, what you usually get is a reply on broad issues such as:. Status of the investigation. Name of the Inquiring Officer (IO). Whether at the time of filing of a charge sheet, or when the case is marked as "untraced" or we have a final report. Upon the release of a final report by the police the complainant is entitled to a copy of it also has the right to challenge it in court. You may absolutely file a RTI to ask about the status of an FIR and of the investigation. Police can not turn down requests for basic info like that of the FIR’s registration or the Investigating Officer’s name, but they do have the right to hold back info that would put at risk an ongoing investigation which is as per what the RTI Act allows. If they do turn you down, they must give a valid legal reason for it. You can appeal the decision to the First Appellate Authority and if that is not sufficient to you, to the State Information Commission. I hope that this answers your issue. If you are still having problems please do not hesitate to ask. Thank you.