Right to Information

The Right to Information refers to the statutory entitlement of citizens to access information held by public authorities in order to promote transparency, accountability, and good governance.

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OVERVIEW

Right to Information

The Right to Information refers to the statutory entitlement of citizens to access information held by public authorities in order to promote transparency, accountability, and good governance. In the context of criminal procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), this right is reflected through various provisions that ensure that parties to a proceeding, victims, accused persons, and, in certain circumstances, the general public are informed about the status, progress, and outcomes of criminal proceedings.

Under the BNSS, the principle of transparency is embedded in procedural safeguards, which mandate that information relating to the registration of First Information Reports (FIRs), arrest, detention, investigation, and trial be made available to concerned persons in a fair and timely manner. For instance, the law requires that the accused be informed of the grounds of arrest, the victim be kept apprised of developments in the investigation, and relevant documents such as police reports, statements, and evidence be furnished to the parties in accordance with the prescribed procedure.

Further, the BNSS promotes digitization and accessibility of records by enabling electronic maintenance of records, online registration of FIRs, and access to case status. This strengthens the practical implementation of the right to information within the criminal justice system and ensures that procedural opacity is minimized, thereby preventing individuals from being deprived of their legal rights due to lack of information.

It is pertinent to note that the right to information under the BNSS operates in harmony with the Right to Information Act, 2005, which provides a broader statutory framework for seeking information from public authorities. However, certain limitations apply in criminal proceedings, particularly where disclosure may impede an ongoing investigation, endanger witnesses, violate privacy, or affect national security.

In essence, the right to information under the BNSS, 2023 serves as a cornerstone for ensuring fairness, transparency, and accountability in criminal proceedings, while maintaining a balance between disclosure and the confidentiality necessary for the integrity of the justice system.

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