Can I use RTI to get case related info from banks?

Tilak Marg Forum for Legal Questions Forums Criminal Law Can I use RTI to get case related info from banks?

Tagged: 

Viewing 2 reply threads
  • Author
    Posts
    • #5517
      V S
      Guest

      How can I get info about the accused’s account details from a concerned bank as I need it for my cheque bounce case? Can I use RTI in private banks? Can a lawyer of complainant in a NI Act case get account details of the accused from the concerned bank?

    • #5525

      Firstly, please note that a private bank may not be covered under the Right to Information Act. So, it may not be possible to get RTI information from a private bank.

      Secondly, as per Section 8(1)(e) of the RTI Act, information available to a person in his fiduciary relationship may not be shared under RTI Act, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information. Information about the details of a bank account may perhaps be covered under this provision because the bank holds information about the account of a person in fiduciary relationship.

      Therefore, there are little chances that you would get information about the bank account of another person and that too from a private bank. Still, you can try it.

      However, what I would suggest is to use the provisions of Section 91 Cr.P.C. for this purpose. If the information required by you relates to the defence of your case or for prosecution of your case pending in the court, then you can make an application before the court under Section 91 Cr.P.C., i.e., the court in which the case is pending during trial, to give a direction to the opposite party or to the bank to produce the relevant account details of the person concerned. If the court is convinced, you may get the relevant information through the court order under this section.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

    • #5531
      V S
      Guest

      very useful piece of answer sir. Thank you very much…much appreciated.

Viewing 2 reply threads
  • The forum ‘Criminal Law’ is closed to new Questions and replies.

You may also like to read these topics:

Can I use RTI to get information about progress of investigation in FIR?
RTI information not supplied within one month to do, what can be done?
Can Lokayukta or Chief Information Commissioner be prosecuted under S. 219 IPC?
Urgent(Pls reply) - RTI Information for a employee about Caste Certificate