What happens if PIO destroys or denies access to information?

18-Aug-2025

R.T.I

Answer By law4u team

If a Public Information Officer (PIO) willfully destroys information or wrongfully denies access under the Right to Information Act, 2005, it can lead to: Penalty under RTI Act • Fine up to ₹25,000 imposed by the Information Commission. • Order to provide the information and possibly compensate the applicant. Criminal liability under Bharatiya Nyaya Sanhita, 2023 (BNS) If the act amounts to destruction of public records or evidence, or intentional omission of duty, the following may apply: • Imprisonment up to 3 years • Fine • Or both If the destruction is to screen an offender or prevent justice, punishment can be more severe, depending on the underlying offence.

Answer By Ayantika Mondal

Dear Client, In the case that a Public Information Officer (PIO) is found to have denied or destroyed information as per the Right to Information (RTI) Act of 2005 that official is to be held in high accountability which the law itself provides for. The law has put in place specific legal measures for such actions. Penalties and Consequences The main duty of the Information Commission (to which may be a Central or State entity) is to enforce the RTI Act. As to what happens when a PIO is found to have broken the rules:. Monetary Penalty: The Information Commission may put forth a fine of ₹250 each day as of the date the information was due until the info is given out. This is a personal penalty which means it is to come out of the PIO’s salary. Max penalty is at 25,000. This penalty may be imposed if the PIO has without cause:. Refused to accept an application. Failed to report in the time frame. Maliciously denied the request. Provided partial and inaccurate info. Wiped out the information requested. Obstructed the process of providing information. Disciplinary Action: The Info Commish also has the power to put forward for disciplinary action of the PIO which in turn may result in departmental inquiries, we also see cases of negative notes in service records or even suspension. How to Take Action If a PIO goes against your request or you see that they have destroyed info, you have a which to take them to court:. First Appeal: If you appeal is rejected or the PIO does not respond within 30 days of your request, you may file a First Appeal to the First Appellate Authority (FAA) within the same public authority. Do this within 30 days of the PIO’s decision or the end of the 30 day period. Second Appeal/Complaint: If at the FAA’s disposal of your issue you are not satisfied with the outcome or they do not respond, you may file a Second Appeal or a direct Complaint with the Central Information Commission (CIC) or the State Information Commission (SIC). At this stage you may request for imposition of penalties and disciplinary action against the PIO. Burden of Proof In all cases brought before the Information Commission the burden of proof is on the PIO. They have to present that they acted reasonably and properly and that their refusal or to produce info was not out of malice or unreason. The law puts the citizen in a very strong position by which is is assumed the PIO is at fault until they can prove to the contrary. The RTI Act’s intent is to put forward strong measures against which government officials will be deterred from hiding information. I wish that this response helps you to sort out your issues but should you have any still please do not hesitate to get in touch. Thank you!