Gujarat Information Commission orders review of CID’s RTI exemption in cyber fraud cases

By A Representative

In a significant development, the Gujarat State Information Commission (SIC) has recommended that the state government review and amend the existing RTI exemption granted to the CID (Crime) in cyber fraud cases.

The decision came in response to a complaint filed by Rakeshkumar Prajapati, a cyber fraud victim who lost ₹4.5 lakh from his Axis Bank account. After filing a complaint with the Cyber Crime Cell (under CID Crime), he sought copies of the FIR and investigation documents under the Right to Information Act, 2005. The CID refused to provide the information, citing its exemption under Section 24 of the RTI Act, based on a 2005 state government notification.

State Information Commissioner Nikhil Bhatt, in his order, stated that while CID handles sensitive investigations and is rightly exempted in such cases, the same cannot be applied to routine cyber fraud matters. "Misusing this exemption to withhold cyber fraud investigation details is unacceptable," the order noted. "The 'security exemption' clause cannot shield agencies from basic accountability in routine cyber-crimes."

The order emphasized that victims of cyber fraud are entitled to know the status of their complaints. “Every day, citizens defrauded online anxiously await updates. Under RTI, they have the right to know what action has been taken to recover their funds,” the Commission observed.

Using its powers under Section 25(3)(g) of the RTI Act, the Commission recommended that the state government amend the 2005 notification to explicitly exclude cyber fraud cases from the purview of the CID’s RTI exemption. It also suggested similar changes for Local Crime Branches (LCBs) and other units covered under the same notification.

The Commission has directed the CID to provide the requested information to the appellant within five days of the notification being amended.

The order is expected to benefit many cyber fraud victims in Gujarat who have faced difficulties accessing information about their cases.

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