Grounds for rejection to access in certain cases
Commencement. Ss. 4(1), 5(1) (2), 12, 13, 15, 16, 24, 27, 28 (15-06-2005) and rest provisions on 120th day of its enactment.
Section 9 of the Right to Information Act, 2005 deals with grounds for rejection to access in certain cases. Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other tha The Act was enacted on 15 Jun 2005.
Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.
Section 9, The Right to Information Act, 2005 (Act 22 of 2005).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Inst. of Chartered Accountants of India vs Shaunak H Sayta
Court's Decision & Legal Precedent
Intellectual property exemption under Section 8(1)(d) of RTI Act is temporal in nature and applies only to information the disclosure of which would competitively harm third parties at the time of disclosure. Once an examination is held, evaluated, and results declared, examination instructions, solutions, and model answers no longer harm the competitive position of any third party and therefore cease to be exempted. Information held by a person in fiduciary capacity is exempted under Section 8(1)(e), but this exemption is conditional and subject to larger public interest override. Examining bodies must disclose standards and criteria for mark moderation to maintain accountability and fairness, but need not compile data not maintained in their records. Administrative workload and burden do not justify denial of RTI requests; public authorities must adapt to transparency obligations.
On this section: Exemption where providing access would infringe copyright in person other than State - Court held inapplicable where public authority holds copyright
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 9
What have the courts held on Section 9 of the Right to Information Act?
Inst. of Chartered Accountants of India vs Shaunak H Sayta (02 Sep 2011) is the leading judgment on this section among those set out below: Exemption where providing access would infringe copyright in person other than State - Court held inapplicable where public authority holds copyright.
How do I find court cases under Section 9 of the Right to Information Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RTI Act 9, section 9 RTI Act, section 9 of the Right to Information Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Inst. of Chartered Accountants of India vs Shaunak H Sayta (02 Sep 2011).
What should I read with Section 9 of the Right to Information Act, and has it changed?
Its own text turns on section 8 (Exemption from disclosure of information), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was Section 9 of the Right to Information Act enacted?
Section 9 of the Right to Information Act, cited as RTI Act 9, was enacted on 15 Jun 2005 as Act 22 of 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 19. Appeal669 words
- 7. Disposal of request657 words
- 4. Obligations of public authorities643 words
- 2. Definitions618 words
- 13. Terms of office and conditions of service530 words
- 8. Exemption from disclosure of information520 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.