RTI Reply For Court Evidence

The Right to Information Act, 2005 (RTI Act) does not explicitly state whether or not replies to RTI applications can be used as evidence in court. However, the Indian Evidence Act, 1872 (Evidence Act) provides for the admissibility of public documents as evidence.

Section 77 of the Evidence Act states that a copy of a public document, certified as a true copy by a public officer, is admissible as evidence of the contents of the original. This means that a reply to an RTI application that is certified as a true copy by the Public Information Officer (PIO) of the concerned public authority is admissible as evidence in court.

In addition, Section 35 of the Evidence Act states that an entry in any public or official book, register or record or an electronic record is a relevant fact. This means that even if the reply to an RTI application is not certified as a true copy, it may still be admissible as evidence in court if it is relevant to the matter at issue.

However, it is important to note that the admissibility of an RTI reply as evidence in court is ultimately up to the judge or magistrate hearing the case. The judge or magistrate will need to decide whether the reply is relevant to the matter at issue and whether it is reliable.

Here are some of the factors that the judge or magistrate may consider when deciding whether to admit an RTI reply as evidence:

The authenticity of the reply

The relevance of the reply to the matter at issue

The reliability of the reply

The availability of other evidence