The Right to Information Act under _________ provides that any information which would impede the process of investigation or prosecution of offenders need not be disclosed.

The correct answer is Section 8(1)(h).

Key Points

• Section 8(1)(h) of the Right to Information (RTI) Act, 2005, allows withholding of information if its disclosure would impede the process of investigation or prosecution of offenders.
• The section ensures that public access to information does not interfere with ongoing criminal investigations or judicial proceedings.
• The term "impede" is interpreted as causing a hindrance or obstruction to the investigation or prosecution process.
• This exemption is invoked when the disclosure of information has a demonstrable impact on law enforcement or justice delivery.
• Authorities must substantiate why the information falls under this exemption when denying a request.

Additional Information

• Right to Information (RTI) Act, 2005:
  • The RTI Act empowers Indian citizens to request information from any public authority, promoting transparency and accountability in governance.
  • Public authorities must respond within 30 days of receiving the request.
  • The Act covers all constitutional authorities, including the executive, legislature, and judiciary, along with bodies substantially funded by the government.
• Other Exemptions Under Section 8 of RTI Act:
  • Section 8(1)(a): Information affecting the sovereignty, integrity, security, or strategic interests of India.
  • Section 8(1)(d): Commercial confidence, trade secrets, or intellectual property that could harm competitive interests.
  • Section 8(1)(e): Information held in fiduciary capacity unless the larger public interest justifies disclosure.
• Role of Central and State Information Commissions:
  • These commissions are responsible for ensuring the effective implementation of the RTI Act.
  • They serve as appellate authorities for disputes related to information requests.
• Judicial Interpretations:
  • Courts have clarified that exemptions under Section 8 should not be applied arbitrarily and require a reasonable justification.
  • In some cases, the larger public interest may override the exemptions.