Thursday, May 07, 2009

RTI AND INDIAN PENAL CODE

I am appending below sections 217 & 218 of Indian Penal Code 1860, which an RTI applicant/appellant or complainant can invoke in deserving cases against PIO, FAA OR INFORMATION COMMISSIONER. Even if these sections are just enclosed with application or appeals or complaint for kind information of addressee, it will have desired effect, since most of public servants are not aware of such provisions. In addition he now knows that you know, what even he does not know !

Section: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.

Section 217: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.--Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will there by save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.


Section: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.

Section 218: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.--Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will there by cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.