Information
Information in legal context refers to knowledge communicated or received, including material held by public authorities under the RTI Act and the report of a cognizable offence to the police under criminal law.
What is Information?
**Information** in everyday language simply means knowledge or facts communicated by one person to another. In Indian law, however, the term carries specific statutory meanings depending on the context. Two of the most significant legal frameworks where "information" plays a central role are the **Right to Information Act, 2005** and the **Code of Criminal Procedure, 1973 (CrPC)**.
Under the RTI Act, information is broadly defined to include any material held by or under the control of a public authority. Under criminal law, "information" is the foundation that sets the criminal justice machinery in motion — it is the report given to the police that triggers the registration of a **First Information Report (FIR)**.
Legal Framework
Right to Information Act, 2005
**Section 2(f)** of the RTI Act defines "information" expansively:
> "Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force."
Key aspects of this definition:
- **Form-neutral:** Information can be in physical, electronic, or any other form.
- **Inclusive scope:** It covers not just formal documents but also opinions, advices, samples, and models.
- **Private bodies:** Even information held by private entities falls within scope if a public authority can access it under any law.
- **Section 2(i)** defines "record" to include any document, manuscript, or file, along with microfilm, microfiche, or facsimile copies.
Code of Criminal Procedure, 1973 (CrPC)
**Section 154 CrPC** (corresponding to **Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023**) deals with "information in cognizable cases":
- Every **information relating to the commission of a cognizable offence**, if given orally to an officer in charge of a police station, must be reduced to writing.
- It must be signed by the informant, and the substance entered in a book kept in the prescribed form (the **Station Diary**).
- A copy of this recorded information — the **FIR** — must be given free of cost to the informant.
The Supreme Court in **Lalita Kumari v. Government of U.P. (2014) 2 SCC 1** held that if the information discloses a cognizable offence, the police **must** register an FIR. There is no discretion to refuse registration or to conduct a preliminary inquiry before registration, except in limited categories of cases.
Indian Evidence Act, 1872
Under the Evidence Act (now **Bharatiya Sakshya Adhiniyam, 2023**), information features in several provisions. **Section 35** treats entries in public or official books, registers, or records as relevant facts. **Section 32** makes certain statements (including dying declarations) admissible as information about the cause of death.
Types of Information in Legal Context
1. Public Information (RTI)
Any information that a citizen can request from a **public authority** under the RTI Act. Public authorities must provide it within **30 days** of the request, or within **48 hours** where the information concerns the life or liberty of a person.
2. First Information (Criminal Law)
The earliest information of a cognizable offence reaching the police. This need not be a detailed or encyclopedic account — even vague or incomplete information suffices to trigger FIR registration, as established in **Lalita Kumari**.
3. Exempt Information
**Section 8(1)** of the RTI Act lists ten categories of information exempt from disclosure, including information affecting national security, cabinet papers, trade secrets, and information received in confidence from foreign governments.
4. Personal Information
**Section 8(1)(j)** of the RTI Act exempts personal information that has no relationship to any public activity or interest, or which would cause unwarranted invasion of privacy.
When Does This Term Matter?
Filing an FIR
When a person approaches the police with information about a cognizable offence, the police are legally bound to register an FIR. Refusal to register an FIR based on the information given can be challenged before the Superintendent of Police under **Section 154(3) CrPC** or through a Magistrate under **Section 156(3) CrPC**.
Seeking Government Records
Citizens regularly use the RTI Act to obtain information about government decisions, expenditures, appointments, and policies. The broad definition under Section 2(f) ensures that public authorities cannot deny requests on narrow technical grounds about the form or nature of the material sought.
Court Proceedings
Information forms the basis of evidence, complaints, and applications. Providing false information to a court is punishable as **perjury** under Section 191 IPC (now Section 229 BNS).
Frequently Asked Questions
What is the difference between "information" under the RTI Act and an FIR?
Under the RTI Act, "information" refers to any material in any form held by public authorities that citizens can seek access to. Under Section 154 CrPC, "information" refers specifically to the report of a cognizable offence given to the police, forming the basis for registering an FIR. The RTI definition concerns access to government-held records, while the CrPC definition relates to initiating the criminal justice process.
Can the police refuse to register an FIR if the information is vague?
No. The Supreme Court in Lalita Kumari v. Government of U.P. (2014) held that FIR registration is mandatory under Section 154 CrPC if the information discloses a cognizable offence. The police cannot refuse registration on the ground that the information is incomplete or vague. The adequacy or accuracy of the information is a matter for investigation, not a ground for refusing registration.
What types of information are exempt from disclosure under the RTI Act?
Section 8(1) of the RTI Act lists ten categories of exempt information, including information affecting sovereignty and security, information received in fiduciary capacity, trade secrets, cabinet papers, and personal information with no public interest. However, even exempt information may be disclosed if the public interest in disclosure outweighs the harm to the protected interest.
Disclaimer: This glossary entry is for informational purposes only and does not constitute legal advice.
Related Legal Terms
FIR (First Information Report)
A First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence, marking the first step in the criminal investigation process.
Cognizable Offence
A cognizable offence is an offence in which a police officer can arrest the accused without a warrant and begin investigation without prior permission from a magistrate.
Complainant
A complainant is a person who makes a formal complaint to a court or authority alleging that a criminal offence has been committed, thereby initiating criminal proceedings.
Right to Privacy
The right to privacy is a fundamental right under Article 21 of the Indian Constitution, recognised by the Supreme Court in the landmark K.S. Puttaswamy judgment as an intrinsic part of the right to life and personal liberty.
Evidence
Evidence is any material — oral testimony, documents, electronic records, or physical objects — presented before a court to prove or disprove facts in a legal proceeding.