PIO Providing False Information

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The strongest and most immediate remedy is to file a First Appeal under Section 19(1) of the RTI Act, enclosing a copy of the document relied upon. The appeal should seek appropriate directions for disclosure of information and request imposition of penalty and disciplinary action against the PIO under Section 20 of the RTI Act. Criminal proceedings under the BNS may be considered only if there is clear evidence that the PIO intentionally provided false information with mala fide intent." For contact 7753031601

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Criminal Action under the BNS (Bharatiya Nyaya Sanhita, 2023) Yes, legal action under the BNS is technically permissible, but it comes with a strict legal hurdle. The relevant sections under which a public servant can be targeted for creating false records or furnishing false information include: Section 229 of BNS (formerly Sec 177 IPC): Furnishing false information to a public servant. Section 251 of BNS (formerly Sec 167 IPC): Public servant framing an incorrect document with intent to cause injury or save a person from punishment.

Primary Remedy: Inside the RTI Act, 2005 (Most Effective) Before jumping into criminal prosecution, the RTI Act itself provides a very robust mechanism to punish a PIO who deliberately lies or misleads. Since you are already preferring a First Appeal under Section 19(1), make sure to attach proof that the document was indeed sent to or generated by that specific state government department. Section 20(1) Penalties If the case goes to the State Information Commission (Second Appeal), and it is proven that the PIO knowingly gave incorrect, incomplete, or misleading information, the Commission can impose a personal penalty on the PIO of ₹250 per day (up to a maximum of ₹25,000). Section 20(2) Disciplinary Action: The Commission can also recommend disciplinary action against the PIO under their service rules.