Can information related to national security be disclosed?

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Answer By law4u team

No, information related to national security generally cannot be disclosed under Indian law. Key Legal Provisions: Section 8(1)(a) of the Right to Information Act, 2005 Exempts disclosure of information that would: Prejudicially affect the sovereignty and integrity of India, Security, strategic, scientific, or economic interests of the state, Relations with foreign states, Or lead to incitement of an offence. Official Secrets Act, 1923 Prohibits disclosure of classified documents related to defense, military operations, intelligence, etc. Sharing such information is punishable with imprisonment. Indian Evidence Act, 1872 – Section 123 Protects unpublished official records relating to state affairs from being disclosed in court without permission from the government. Exceptions (Rare Cases): If the information does not threaten national security and serves larger public interest, the Central Public Information Officer (CPIO) or appellate authorities may allow disclosure under RTI, but only after proper evaluation. The Supreme Court or High Courts may also access such information in camera (privately) during hearings if necessary for justice. Conclusion: Information related to national security is generally protected and not disclosable to the public, unless the disclosure is justified by public interest and permitted by competent authority or the courts.

Answer By Anik

Dear Client, Negative. Disclosure of information that would negatively impact India's sovereignty and integrity, the State's security, strategic scientific or economic interests or its relations with other nations is prohibited by Section 8(1)(a) of the RTI Act. Such information is absolutely exempt from disclosure and depending on the sensitivity of the situation this exemption is typically maintained even when the matter is finished or several years old. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Answer By Anik

Dear Client, Information related to national security is very sensitive and we do not put that out to the public. As per the Right to Information Act of 2005 (Section 8(1)(a) which lists what is out of the scope of that act, we see that which information that which may affect the sovereignty, integrity, security, economic interests of India and its relationship with foreign states is put into a special exemption. This includes data which is with security agencies, defense organizations and intelligence groups. The issue is to protect what may cause damage to the country’s defense, foreign policy, or public safety. At the same time the law includes some limited exceptions:. Public notice that if a competent authority determines that the public interest requires it, some information may be made public which would otherwise be exempt. In some cases the Court or Parliament will order disclosure but in that which is in any degree a very narrow and restricted capacity such information that has had classified elements is also to be redacted. In fact what we see is that national security information is very much off limits and that which is put forward is usually turned down unless it is for a very special legal or public interest reason. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!

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