What are the consequences if false information is given by PIO?

15-Aug-2025

R.T.I

Answer By law4u team

If a Public Information Officer (PIO) gives false information under the Right to Information Act, 2005, the consequences can include: Penalty under Section 20(1) – The Central or State Information Commission can impose a fine of ₹250 per day, up to a maximum of ₹25,000, if the PIO knowingly gives incorrect, incomplete, or misleading information. Recommendation for Disciplinary Action under Section 20(2) – The Commission can recommend disciplinary proceedings under the service rules applicable to the PIO. Possible Criminal Liability – If the false information amounts to forgery, cheating, or fraud, the PIO may face criminal prosecution under the Indian Penal Code (IPC), such as Sections 177, 182, 420, or 468. Loss of credibility and administrative repercussions – The PIO may suffer career setbacks, adverse service records, or transfers. In short, knowingly providing false information can result in financial penalties, disciplinary action, and even criminal charges.

Answer By Ayantika Mondal

Dear Client, Giving out false, inaccurate or deceptive info by a Public Information Officer (PIO) in response to a RTI application is a serious breach of the RTI Act, 2005. The Act also includes specific and large scale penalties for same. In Section 20 of the RTI Act are detailed the Penalty imposed. For PIO’s the greatest impact is financial penalty. If the Central Information Commission (CIC) or the State Information Commission (SIC) determine that a PIO has given out wrong, partial, or false info without any reasonable cause they may impose a penalty. Penalty Amount: The fine is in the amount of Rs. 250 for each day from the date the information was due until it is provided correctly. Maximum Limit: Total penalty to be Rs. 25,000 or less. Personal Liability: It is very important to note that this penalty is applied to the individual PIO which has to be paid out of their salary. The government department which is the public authority cannot pay the penalty on the PIO’s behalf. This is a provision for personal accountability. Sanction. In also to the financial penalty the Information Commission has the ability to put forth disciplinary action against the PIO. Section 20(2) of the RTI Act reports that the Commission is to put forward disciplinary action within the service rules which apply to the PIO. This may in turn cause a range of departmental actions which include:. Censure or reprimand. Withholding of promotions or increments. In their Annual Performance Appraisal Report (APAR) which include adverse entries. In serious cases of repeat or willful violations which may include ejection from service. Burden of persuasion. A key element of the law is that which puts the burden of proof that the PIO acted reasonably and diligently on the PIO. What this means is that should you bring a complaint to the Information Commission the PIO is responsible to prove that the false information was not given out knownly or with malice. They may not dismiss the claim outright; rather they must present a reasonable cause for their actions. What You Should Do If you receive false or misleading information from a PIO go do the following:. File a First Appeal: First you must present your case to the First Appellate Authority which is an officer of a higher rank in the same department as the PIO within 30 days of receipt of the response. File a Second Appeal/Complaint: If upon first appeal to the Appellate Authority you do not receive a proper response or if the information provided is still found to be incorrect, you may approach the Central Information Commission (CIC) or the State Information Commission (SIC) for a Second Appeal or to file a complaint. Request for Penalty and Disciplinary Action: In your reply to the second appeal or complaint you should bring out that the PIO has given out false info and ask the Information Commission to impose a penalty as provided in Section 20(1) and also to recommend disciplinary action as per Section 20(2) of the RTI Act. I wish that this response helps you out with your queries. Should you have any issues, please do not hesitate to ask. Thank you.