Penalty and Compensation under RTI: Section 20 and Section 19(8)(b)

• The PIO has missed the 30-day deadline by a wide margin and you want a penalty order.
• The PIO has demanded a reason, refused to accept the application, or destroyed records.
• You have suffered a measurable loss (missed an exam, missed a tender, lost a posting) because the information arrived late and you want compensation.

For the master citizen guide, see Guide for applicants.

Section 20(1) reads:

• “Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified … or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information … or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees…”

• Mandatory once the ground is found. The word is “shall impose”. The Commission has no discretion to waive after the ground is established.
• Rs 250 per day, capped at Rs 25,000. The cap is hit on day 100.
• Only the Information Commission can impose. The FAA cannot impose a Section 20 penalty. This is a frequent confusion.
• Personal liability of the PIO. The penalty is recovered from the PIO's salary, not from the public authority.
• Burden on the PIO. Section 20(2) places the burden on the PIO to prove that they acted reasonably and diligently.

1. Refusal to receive the application without reasonable cause.
2. Failure to furnish information within time (30 days, 48 hours, etc.) without reasonable cause.
3. Malafide denial.
4. Knowingly giving incorrect, incomplete, or misleading information.
5. Destruction of the information that was the subject of the request.
6. Obstruction in furnishing the information.

In addition to the penalty, the Commission can recommend disciplinary action against the PIO under the service rules applicable to them. This is a separate, parallel remedy.

Section 19(8) gives the Information Commission (and, in appeal, the FAA) wide remedial powers, including:

• “(a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act …”
• “(b) require the public authority to compensate the complainant for any loss or other detriment suffered …”
• “© impose any of the penalties provided under this Act …”
• “(d) reject the application.”

• Paid by the public authority, not the PIO personally. This distinguishes it from the Section 20 penalty.
• No statutory cap. The amount is a function of the loss proved.
• Discretionary, not mandatory. The Commission/FAA “may” require compensation if loss is shown.
• Quantum is for the Commission to fix. Compensation orders have ranged from Rs 1,000 (token) to Rs 1,00,000 in cases of large measurable loss (lost tender, missed scholarship).

• Missed an exam application deadline because the PIO did not supply the marksheet on time.
• Lost a tender bid because the PIO did not supply the tender history before the bid date.
• Lost a job posting because a service-record query went unanswered for 90 days.
• Mental harassment in a long string of refusals (rare but ordered).

You can claim both in the same appeal.

1. Date of receipt by the PIO. Speed Post tracking ID; rtionline.gov.in registration date; counter receipt with date stamp.
2. Date of PIO reply, if any. Original envelope, dated cover letter.
3. Days of delay. Receipt + 30 days = due date. Reply date - due date = days of delay.
4. Conduct. Documented evidence of malafide denial, knowingly false reply, or destruction of records.

1. Loss documents. Exam admit card, tender notice and bid date, job order with reporting date, scholarship deadline, etc.
2. Causation. A clear chain showing that the PIO's delay caused the missed opportunity.
3. Quantum. Receipts, fee paid, foregone earnings.

In the second appeal to the Information Commission (Section 19(3)), include the following prayers in addition to the substantive relief:

Prayer 5: Impose the maximum penalty of Rs 25,000 on Shri/Smt [PIO Name], Public Information Officer, [public authority], under Section 20(1) of the RTI Act, 2005, for the unreasonable refusal / delay / malafide denial as set out in Grounds [X] to [Y] above.

Prayer 6: Recommend disciplinary action against the said PIO under Section 20(2) of the RTI Act, 2005.

Prayer 7: Direct the public authority to compensate the appellant under Section 19(8)(b) of the RTI Act, 2005, in the sum of Rs [amount], for the [specific loss / detriment], as per the documents at Annexures [X] to [Y].

Prayer 8: Award costs of Rs [amount] for the conduct of these proceedings.

• Asking the FAA to impose Section 20 penalty. The FAA has no power. The FAA can only refer the matter to the Information Commission with a recommendation.
• Not pleading Section 20 in the second appeal. The Commission rarely imposes the penalty suo motu without a specific prayer.
• Claiming compensation without proof of loss. Token compensation is sometimes ordered, but a detailed loss claim must be backed by documents.
• Not naming the PIO. Section 20 is personal liability. Name the officer, not just the office.
• Claiming under Section 19(8)(b) only. Always plead both Section 20 (against the PIO) and Section 19(8)(b) (against the public authority).

No. Only the Information Commission can. The FAA can recommend, but not impose.

Mandatory once a ground is found. The word in Section 20(1) is “shall impose”. The Commission's discretion is at the stage of finding the ground, not at the stage of fixing the amount.

Yes. Section 20(1) proviso requires that the PIO be given a reasonable opportunity to be heard. The Commission issues a show-cause notice before imposing the penalty.

Yes. The penalty is for the conduct already complete; later supply of information does not retrospectively undo the delay. The Commission may, however, mitigate the amount.

No. Compensation under Section 19(8)(b) is against the public authority. Personal liability is only for the Section 20 penalty.

The penalty is part of the same second-appeal proceedings, which must be filed within 90 days of the FAA order (Section 19(3)). No separate time limit applies for the penalty prayer.

Not yet. The Act has carried the cap since 2005. Several Commissions and committees have recommended a raise to Rs 1,00,000 but no amendment has been notified as of 9 May 2026.

Central public authorities: cic.gov.in. State public authorities: the relevant State Information Commission. Format prescribed by the Commission's regulations.

Use the AI RTI Drafter. It produces a Section 19(3) draft with Section 20 and Section 19(8)(b) prayers built in.

The Commission directs the public authority to recover the penalty from the PIO's salary. Refusal by the PIO can lead to disciplinary action under service rules, in addition to the penalty itself.

• Guide hub
• Guide for applicants
• How to file an RTI under Section 6
• When the reply is free
• First appeal under Section 19(1)
• Second appeal under Section 19(3)
• Complaint under Section 18
• RTI time limits
• Template: second appeal

1. Right to Information Act, 2005 - Sections 19(8)(b), 20.
2. cic.gov.in - Central Information Commission penalty orders.
3. DoPT Master Circular on RTI - guidance on Section 20.

Last reviewed: 9 May 2026.