Wednesday, August 8, 2012

[HumJanenge] Re: Charges for Information sought under RTI Application

Section 23 does not give protection against criminal prosecution
Section 21 only protects against prosecution for actions done in
"good faith".. doctrine of Good Faith is in any case a defence
for prosecution under IPC (for judges .. see section 77 IPC)
the same has been extended to ICs also.

In the case of ICs (as distinguished from judges), their "offence"
shall continue to be an ":offence" - the prosecution shall be
carried out in a different manner.


On Aug 8, 5:22 pm, Anand Acf <acfan...@gmail.com> wrote:
> Dear Sarbajit
>
>  3)  The said Info Commissioners ought to be prosecuted
>  under section 409 IPC for causing loss of revenue to Govt.
>  OTH if info is delayed without just cause, then ALL the
>  information sought should be given free of cost.
>
> Information Commissioner can't be prosecuted under section 409 of IPC
> because section 21 and 23 of RTI 2005 has given protection to them.
>
> --
> Anand S.
> Coordinator, Anti Corruption Forum
> Bangalore 560 085.
> Cell No. +91-87928-91066

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