File RTI for Missing File or Public Records Online

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A "Missing File or Record " refers to a situation where a public authority claims that a specific document or record is not available or traceable. This claim is often made under the Right to Information (RTI) Act, but it is generally not recognized as an acceptable exception. The RTI Act mandates that unless proven that the record was destroyed.

If information is denied due to a missing file, you can request an affidavit detailing the search efforts, file another RTI for details about the missing record, or appeal to the Central Information Commission or State Information Commission

Under the Right to Information (RTI) Act, 2005, a public authority cannot legally deny information solely because a record is "lost " or "missing " According to law, a record is deemed to be held by the public authority unless it has been destroyed following a formal Record Retention Policy

If a Public Information Officer (PIO) claims a file is missing, they are legally expected to take the following steps:

1. Thorough Search: Conduct an exhaustive search and document the efforts made.
2. Internal Inquiry: Identify the official responsiblity for the record&'s custody and initiate disciplinary action.
3. Affidavit: The Central Information Commission has ruled that a PIO must provide an affidavit to the applicant detailing the search efforts and the current status of the file
4. File Reconstruction: Attempt to reconstruct the file using alternative sources, such as office memos or duplicate copies held elsewhere.

The RTI Act must be read in conjunction with the Public Records Act, 1993, which mandates the preservation of government documents
If a lost record was required as evidence, officials may face criminal charges under Section 201 of the IPC, carrying penalties of 7 to 10 years

The authority should initiate an internal inquiry and, in cases of suspected theft or criminal negligence, register an FIR against the person responsible for its custody.In recent rulings (including those in 2025-2026), the CIC has directed PIOs to provide a sworn affidavit to the applicant detailing the efforts made to trace the file

the legal consensus remains that a public authority cannot deny an RTI request simply by claiming a file is "lost " or "missing " Under the Right to Information (RTI) Act

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