Amity Law School

Privilege to withhold documents and the law

in India- with special reference to:

1
 Amity Law School

Indian Evidence Act,1872

• Privilege of the government to withhold documents from
production in the courts is claimed on the basis of Sections
123 and 124 of the Indian Evidence Act, 1872
• Section 123 : No one shall be permitted to give any
evidence derived from unpublished official records relating
to any affairs of State, except with the permission of the
officer at the head of the department concerned, who shall
give or withhold such permission as he thinks fit.
• Section 123: No public officer shall be compelled to
disclose communications made to him in official
confidence, when he considers that the public interests
would suffer by the disclosure
2
 Amity Law School

Indian Telegraph Act, 1885

• Section 3 of the TRAI Act
• Chairperson, and not more than two whole time members
and not more than two-part time members, to be appointed
by the Central Government. Not Subject to RTI
• Subject to RTI
• Need and timing for introduction of new service provider;
• Terms and conditions of license to a service provider;
revocation of license for non-compliance of terms and
conditions of license.

3
 Amity Law School

The Official Secret Act, 1923

• Section 22 of the RTI Act has overriding effects over other
laws, including the Official Secrets Act.
• Sections 8 and 9 of the RTI Act permit the government to
withhold information. In practice, a document can be kept
out of the reach of the RTI Act if the government designates
it as secret under the Official Secrets Act.
• Disputes related to National Security
• The Official Secrets Act, of 1923, was created with the
intention of limiting access to papers and information to the
government in order to maintain secrets and
confidentiality.
4
 Amity Law School

Atomic Energy Act, 1962

• Section 18
• Restriction on disclosure of information.—(1) The Central
Government may by order restrict the disclosure of
information, whether contained in a document, drawing,
photograph, plan, model, or in any other form whatsoever,
which relates to, represents or illustrates—(a) an existing or
proposed plant used or proposed to be used for the purpose
of producing, developing or using atomic energy, or
• (b) the purpose or method of operation of any such existing
or proposed plant, or
• (c) any process operated or proposed to be operated in any
such existing or proposed plant.
5
 Amity Law School

• (2) No person shall—(a) disclose, or obtain or attempt to

obtain any information restricted under sub-section (1), or
• (b) disclose, without the authority of the Central
Government, any information obtained in the discharge of
any functions under this Act or in the performance of his
official duties.

6
 Amity Law School

• (3) Nothing in this section shall apply—(i) to the disclosure

of information with respect to any plant of a type in use for
purposes other than the production, development or use of
atomic energy, unless the information discloses that plant of
that type is used or proposed to be used for the production,
development or use of atomic energy or research into any
matters connected therewith; or
• (ii) where any information has been made available to the
general public otherwise than in contravention of this
section, to any subsequent disclosure of that information.