Can I get call details under RTI Act? I want CDR and tower location of a person because he has eloped my sister. He is studying in her class and he has instigated my sister to leave the house. When my sister left the house he was present in our village. Thereafter both are missing. I suspect that he is in contact with my sister. Therefore, I need his call detail record which may give some clue about the incident. If it is possible to get CDR, then please inform under which provision?
You want to access the call detail record (CDR) of a private person which is maintained by the telephone operator. That telephone operator is a private company which does not come under the purview of public authority. The provisions of the RTI Act do not apply to the private body, person or institution. Therefore, you cannot get the call details from the private telephone operator under the Right to Information Act.
Call details under RTI Act
The CDR is not a piece of public information. It is indeed a personal information thus, the Public Information Officer (PIO) cannot disclose it under the RTI. When the personal information carries some public importance then the PIO will provide them in the service of public interest. If you want call details under the RTI Act then you have to prove that its disclosure is necessary for the broader public interest.
In Asia Ummer Nattukallingal v. BSNL, [2011] CIC 11120 the Central Information Commission held that needless to say, the call details are personal information and this information can be disclosed only in the larger public interest.
File No. CIC/LS/A/2011/000069
In your case, there is no significant public interest in giving CDR of a private person merely on the suspicion of a crime. You can get the call details of that person after lodging the FIR because the CDR will then become an important piece of evidence. It may give some relevant information about the crime and criminal as well. Hence, this would establish a larger public interest in getting the CDR.
The CDR of a third party is privileged information. It has another layer of protection under Section 8 RTI Act. Section 8 (1) of the RTI Act prohibits to disclose information of a third party. According to sub-clause (j) of section 8 (1), a citizen has no right to get the personal information, the disclosure of which has no relationship to any public activity or interest.
In Vikas Goel v. CPIO [2013] CIC 2407, the Central Information Commission (CIC) held that service provider is bound to protect the confidentiality of its subscribers. It cannot disclose to the third-party information relating to mobile/telephone connection of any subscriber. This information is exempted under section 8(1)(j) of the RTI Act unless the third person shows larger public interest in such disclosure.
Lodge an FIR instead to get call details
Your sister is missing in suspicious circumstances so you should immediately lodge an FIR instead of spending time in getting call details under the RTI Act. The investigating officer has the power to obtain CDR in the course of an investigation. The investigating office may approach the service provider to provide the CDR of the accused.
Section 91 of the Code of Criminal Procedure gives such power to the investigating officer to direct a person to provide relevant information pertaining to the crime.
Also read: What to do when government is tapping your phone call?
The investigating officer, however, has the power to collect CDR during the investigation. Section 161 & 162 of the Code of Criminal Procedure empower him to obtain relevant evidence about the offence. He can directly approach the service provider to give CDR instead of getting call details under the RTI Act.
Question: Someone using my call details and tracking me. I have been receiving some calls from a unknown person and he is threatening me. He is accessing my call details and sending it to a police officer. That police officer is calling me at the police station. He is saying that a criminal case is registered against me. Sir, I want call details of those unknow numbers. How can I get CDR of those numbers?
Asked from: Uttar Pradesh
You cannot get call details record (CDR) of those numbers because it is not a public information. The provisions of Right to Information Act apply only on public information. A common citizen can access only public information through the RTI. The basic object of RTI to bring transparency and accountability in the functioning of government. Thus, information about call details of individual person does not come within the purview of RTI Act.
That unknown person is threatening you hence, you can lodge an FIR against him. You can lodge FIR against the unknown person. The police officer has no right to call a person at his police station without any reason. You should file an application before the judicial magistrate and seek information about filing of any FIR against you. The judicial magistrate can call a report from the concerned police station. Don't go to the police station and follow the instruction of that unknown person.
Hello…sir I want to know that can I file a case against a defence personal who cheated me on the name of marriage and also make relation with me. While he was already married. After knowing his truth I didn't want to marry him and now he is blackmailing me. What can I do now sir I am a medical student he ruined my life. Please help me.
You may file a criminal case against him under section 376 IPC for the offence of rape if he had established bodily relation with fraud. Before the filing of criminal case for rape, you should collect all the evidence which can establish the fact that your consent was taken by fraud and in order, to that consent, he established bodily relation. After the amendment in section 376 IPC by amendment act 2013, penetration of any object in the body woman is constitute the offence of rape.z
Hello…sir I want to know that can I file a case against a defence personal who cheated me on the name of marriage and also make relation with me. While he was already married. After knowing his truth I didn't want to marry him and now he is blackmailing me. What can I do now sir I am a medical student he ruined my life. Please help me.
You may file a criminal case against him under section 376 IPC for the offence of rape if he had established bodily relation with fraud. Before the filing of criminal case for rape, you should collect all the evidence which can establish the fact that your consent was taken by fraud and in order, to that consent, he established bodily relation. After the amendment in section 376 IPC by amendment act 2013, penetration of any object in the body woman is constitute the offence of rape.
If you do not want to file a case for rape and want to get rid of that person you can file a case for “Stalking” under section 354 D of IPC. Follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking.
Record all the conversation of blackmailing, if he says something about bodily relation then it shall be treated as confession and he can’t escape himself from the offence. If dod not says anything about that instance but only blackmailing you then recording shall be a good piece of evidence against him. Contact woman cell 1091, they can help you in filing FIR against him.
I passed my pg in June 2013. College certificate has lost. My degree certificate was sent by the university to my college by speed post in Jan 2014 but it was not delivered/received by the college. University gave details of dispatch as well as speed post tracking (but now not traceable). University says we’ve dispatched, now we can’t help.
College says we haven’t received (Dean has signed letter stating that college didn’t receive certificate). For duplicate copy university asking for FIR and affidavit stating that “I lost the certificate so I should be issued duplicate”. But I haven’t even received my degree, why should I give such an affidavit. University says that’s the only solution. What should I do?
When you have not received your certificate then how can you give affidavit or file FIR that your certificates have lost? When a certificate is lost in transit then liability shifts upon the postal department to inquire and provide the reason for non-delivery of the packet.
In “Bhupesh Khurana and others Vishwa Budha Parishad and others” National Consumer Forum has held that imparting education and related services fall within the ambit of service as defined under Consumer Protection Act. So you should file a complaint before district consumer forum. Contact an advocate or yourself file complaint along with 100 rs fee.
Question: I have done my graduation from Manav Bharti University solan HP from 2009-12. At my joining in MNC I gave my scanned marksheet for University. Now after 3 months of joining, the HR head calls me and informs me that your BGV is red as education documents are not verified. There is a case going on at the university for fake degrees and my HR said we are unable to get any response from the University.
I don't have original documents as I lost them during COVID and didn't get time to reissue them. Now they want me to terminate. How can I defend myself and secure my job? The university is registered under ugc on its website. Please help me what I can do to save my job as I don't have original documents of graduation with me nor I can verify them from University as documents for University are seized by police due to ongoing court cases and they can verify only after they will get documents from police back.
I don't know when records will be available. My career is at stake. Is there any legal way to save my job? What if the university didn't verify my documents and I didn't reissue my original marksheets again. HR told me either they want original marksheets and provisional certificates or the University should reply from their official email id to my company that my scanned documents are real. Can I get a time extension till the court case is over? Or any other option. I was given 3 months here and if I get terminated it will be very tough for me to get a new job as how can I show a gap period.
Asked from: Delhi
Losing your original documents during the pandemic and being caught up in a university degree verification issue is a difficult situation to be in, especially when your job is at stake. Here are some suggestions on how to proceed:
- Gather any evidence you have that can prove the authenticity of your degree, such as emails or letters from the university regarding your graduation or any academic records. This evidence can be helpful in proving that your degree is genuine, even if the university is currently under investigation.
- Contact the university and explain your situation. Ask them if there are any alternative methods for verifying your degree, such as providing an affidavit or a letter from a professor who can vouch for your academic credentials. Even though the university may not be able to verify your degree at this time due to the ongoing court case, they may be able to offer some assistance or advice on how to proceed.
- Consider hiring a lawyer who specializes in employment law. They can help you navigate the legal process and protect your rights as an employee. They may also be able to negotiate with your employer on your behalf and help you find a solution that works for both parties.
- Keep in touch with your employer and provide regular updates on your progress in resolving the issue. If you can demonstrate that you are actively working to resolve the problem and are committed to keeping your job, your employer may be more willing to work with you and give you an extension of time.
- Start looking for alternative job opportunities, just in case. If the worst happens and you do end up losing your job, having a backup plan can make the transition easier. Be honest with potential employers about your situation and explain that you are currently working to resolve the issue.
Remember, it's important to remain calm and professional throughout the process. Losing your temper or getting emotional won't help your case. Instead, focus on finding a solution and communicating clearly with all parties involved.
