Get call details under RTI Act

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Can I get call details under RTI Act, Cell phone call details and tower locations can sought by a innocent accused person of false complainant, false witnesses and self ? If, so please inform under which provision.

Question From: Civil Law

The Right to Information Act, 2005 has brought transparency and accountability in the administrative functioning of public authorities. This right is enforceable against the “public authority” only. No private body covers under this Act.

You want to take call details between two persons. This information is related to the third party. The third party is also bound to provide information if the data have some public importance — the word third-party defined in section 2 (n) of the RTI Act, 2005.

You paid the telecom company a requisite fee for its services then it is bound to provide call details. BSNL is a corporation constituted by the Act of Parliament. It comes under the purview of public authority.

It does not matter that why you seek call details. In Sitaram Gupta v. Public Information Officer, 2014 the CIC (Chief Information Commission) holds that it is not necessary to explain the reason for asking the information. The telephone utility company is bound to furnish the information. 

You cannot ask call details of another person, i.e. a person not related to you. According to article 21 of “Constitution of India” call details of other person comes under his right to privacy. The public authority can not curtail this privacy unless required for the broader public interest.

In State of Bihar v. Ramesh Singh, it is held by the Supreme court that police authority is empowered to get call details of accused in furtherance of investigation and this evidence comes under the term of collected evidence as referred under section 173 cr.p.c. So call police should gather details under section 161 of the code of criminal procedure. The court can also pass such order if call details is necessary for the trial.

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