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—guide:applicant:application:penalty-compensation-under-rti [2026/07/10 20:18] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(RTI Section 20 penalty,Section 19(8)(b) compensation,RTI Rs 250 per day penalty,PIO penalty Information Commission,RTI compensation order,FAA cannot impose penalty,RTI 2026 penalty)
 +metatag-title=(RTI Penalty Compensation Section 20 India 2026)&metatag-description=(RTI penalty under Section 20 vs compensation under Section 19 8 b - Rs 250 per day cap Rs 25000, only Information Commission imposes penalty FAA cannot, proof checklist, prayer format, FAQ.)}}
  
 +====== Penalty and Compensation under RTI: Section 20 and Section 19(8)(b) ======
 +
 +<WRAP center round tip 100%>
 +**Direct answer.** Two separate remedies. **Section 20** is a **penalty** of **Rs 250 per day of delay, capped at Rs 25,000**, imposed **only by the Information Commission** (not the FAA) on the PIO who without reasonable cause refused, delayed, gave wrong information, or destroyed records. **Section 19(8)(b)** is **compensation** to the applicant for loss or detriment, ordered by the Commission (and the FAA in its appeal jurisdiction). Both can run together. The penalty is paid by the PIO from their salary; the compensation is paid by the public authority to the applicant.
 +</WRAP>
 +
 +{{:icons:penalty.svg?32&nolink|RTI penalty icon}}
 +
 +===== When to use this guide =====
 +
 +  * 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:applicant|Guide for applicants]].
 +
 +===== Section 20: Penalty on the PIO =====
 +
 +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..."
 +
 +==== Key features ====
 +
 +  * **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.
 +
 +==== Grounds under Section 20 ====
 +
 +  - **Refusal to receive the application** without reasonable cause.
 +  - **Failure to furnish information within time** (30 days, 48 hours, etc.) without reasonable cause.
 +  - **Malafide denial.**
 +  - **Knowingly giving incorrect, incomplete, or misleading information.**
 +  - **Destruction of the information** that was the subject of the request.
 +  - **Obstruction in furnishing the information.**
 +
 +==== Disciplinary action under Section 20(2) ====
 +
 +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)(b): Compensation =====
 +
 +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 ..."
 +  * "(c) impose any of the penalties provided under this Act ..."
 +  * "(d) reject the application."
 +
 +==== Key features of compensation ====
 +
 +  * **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).
 +
 +==== Examples of compensation grounds ====
 +
 +  * **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).
 +
 +===== Penalty vs compensation: the difference =====
 +
 +| **Feature** | **Section 20 penalty** | **Section 19(8)(b) compensation** |
 +| Who pays? | The PIO personally, from salary | The public authority |
 +| Who orders? | Only the Information Commission | The FAA in appeal jurisdiction; the Information Commission too |
 +| Amount | Rs 250/day, max Rs 25,000 | No statutory cap; based on loss proved |
 +| Mandatory? | Yes, once a ground is found | Discretionary |
 +| Burden of proof | On the PIO (Section 20(2)) | On the applicant (to prove loss) |
 +| Goes to | Consolidated Fund of India / State | The applicant |
 +
 +You can claim **both** in the same appeal.
 +
 +===== Proof checklist =====
 +
 +==== For Section 20 penalty ====
 +
 +  - **Date of receipt by the PIO.** Speed Post tracking ID; rtionline.gov.in registration date; counter receipt with date stamp.
 +  - **Date of PIO reply, if any.** Original envelope, dated cover letter.
 +  - **Days of delay.** Receipt + 30 days = due date. Reply date - due date = days of delay.
 +  - **Conduct.** Documented evidence of malafide denial, knowingly false reply, or destruction of records.
 +
 +==== For Section 19(8)(b) compensation ====
 +
 +  - **Loss documents.** Exam admit card, tender notice and bid date, job order with reporting date, scholarship deadline, etc.
 +  - **Causation.** A clear chain showing that the PIO's delay caused the missed opportunity.
 +  - **Quantum.** Receipts, fee paid, foregone earnings.
 +
 +===== Prayer format =====
 +
 +In the second appeal to the Information Commission (Section 19(3)), include the following prayers in addition to the substantive relief:
 +
 +<code>
 +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.
 +</code>
 +
 +===== Common mistakes =====
 +
 +  * **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).
 +
 +===== Frequently asked questions =====
 +
 +==== Can the FAA impose a Section 20 penalty? ====
 +
 +No. Only the Information Commission can. The FAA can recommend, but not impose.
 +
 +==== Is the Section 20 penalty mandatory or discretionary? ====
 +
 +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.
 +
 +==== Does the PIO get a hearing before penalty? ====
 +
 +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.
 +
 +==== If the PIO settled the matter before the Commission's hearing, can penalty still be imposed? ====
 +
 +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.
 +
 +==== Can compensation be claimed against the PIO personally? ====
 +
 +No. Compensation under Section 19(8)(b) is against the public authority. Personal liability is only for the Section 20 penalty.
 +
 +==== Is there a time limit for filing for 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.
 +
 +==== Has the cap of Rs 25,000 been raised? ====
 +
 +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.
 +
 +==== Where can I file the second appeal that includes a Section 20 prayer? ====
 +
 +Central public authorities: [[https://cic.gov.in|cic.gov.in]]. State public authorities: the relevant State Information Commission. Format prescribed by the Commission's regulations.
 +
 +==== Where can I draft the second appeal? ====
 +
 +Use the [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]]. It produces a Section 19(3) draft with Section 20 and Section 19(8)(b) prayers built in.
 +
 +==== If the penalty is imposed and the PIO refuses to pay, what happens? ====
 +
 +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.
 +
 +===== Related =====
 +
 +  * [[guide|Guide hub]]
 +  * [[guide:applicant|Guide for applicants]]
 +  * [[guide:applicant:application|How to file an RTI under Section 6]]
 +  * [[guide:applicant:application:information-free-of-cost|When the reply is free]]
 +  * [[guide:applicant:first-appeal|First appeal under Section 19(1)]]
 +  * [[guide:applicant:second-appeal:start|Second appeal under Section 19(3)]]
 +  * [[guide:applicant:second-appeal:complaint|Complaint under Section 18]]
 +  * [[guide:applicant:time-limit-under-rti|RTI time limits]]
 +  * [[templates:second-appeal|Template: second appeal]]
 +
 +===== Sources verified =====
 +
 +  - [[https://www.indiacode.nic.in/handle/123456789/1362|Right to Information Act, 2005]] - Sections 19(8)(b), 20.
 +  - [[https://cic.gov.in|cic.gov.in]] - Central Information Commission penalty orders.
 +  - [[https://dopt.gov.in/sites/default/files/RTI-Master-Circular.pdf|DoPT Master Circular on RTI]] - guidance on Section 20.
 +
 +//Last reviewed: 9 May 2026.//
 +
 +
 +===== Stuck scheme or document? Check the status first =====
 +
 +Many RTIs are filed because a government scheme or document is delayed. Before filing, check the status directly:
 +
 +  * [[:check-status/pmay-status|PMAY beneficiary status]]
 +  * [[:mgnrega-job-card-status-2026|NREGA / MGNREGA job card and payment status]]
 +  * [[:check-status/ration-card-status|Ration card status]]
 +  * [[:pm-kisan-status-check-2026|PM-KISAN Rs 6,000 status]]
 +  * [[:eshram-card-status-check-2026|e-Shram card status]]
 +
 +If a status is stuck beyond the official timeline, use the [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]] to file in minutes.
 +
 +{{tag>rti guide applicant section-20 section-19 penalty compensation citizen 2026}}
 +===== How to claim penalty and compensation under the RTI Act? =====
 +
 +The RTI Act provides for penalties against the PIO and compensation to the applicant for delays, refusals, and wrongful denials. Here is how to claim them:
 +
 +  - **Step 1: Section 20(1) — Penalty on PIO.** The Information Commission can impose a penalty of Rs 250 per day (up to Rs 25,000) on the PIO for: (a) refusing to receive an RTI application, (b) not furnishing information within the stipulated time, (c) mala fide denial of information, (d) knowingly giving incorrect/incomplete/misleading information, (e) destroying information.
 +  - **Step 2: Section 20(2) — Recommend disciplinary action.** The Commission can recommend disciplinary action against the PIO for persistent or unreasonably persistent defaults.
 +  - **Step 3: Compensation under Section 19(8)(b).** The Commission can award compensation to the applicant for any loss or detriment suffered as a consequence of the delay/denial. There is no fixed limit — the Commission determines the compensation based on the circumstances.
 +  - **Step 4: How to claim penalty/compensation.**
 +    - **During second appeal:** When filing a second appeal before the Information Commission, specifically pray for penalty under Section 20 and compensation under Section 19(8)(b).
 +    - **Drafting the prayer:** "The appellant prays that the Commission impose a penalty of Rs 25,000 on the PIO under Section 20(1) and award compensation of Rs [amount] under Section 19(8)(b) for the loss suffered."
 +    - **Evidence:** Provide evidence of the delay/denial (copy of the RTI application, the PIO's response or lack thereof, the first appeal and its outcome, proof of loss suffered).
 +  - **Step 5: Common grounds for penalty.**
 +    - **Unjustified use of Section 8/9 exemptions:** If the PIO wrongly denies information citing an exemption that does not apply.
 +    - **Delay beyond 30+48 days:** If the PIO does not respond within 30 days (or 48 hours for life/liberty).
 +    - **Transferring to wrong authority:** If the PIO transfers the application to an authority that does not hold the information.
 +    - **Not responding to first appeal:** If the First Appellate Authority does not respond within 30-45 days.
 +
 +===== How to draft the penalty prayer? =====
 +
 +  - **Specify the violation:** "The PIO failed to provide information within 30 days as required under Section 7(1)."
 +  - **Specify the penalty:** "The appellant prays for imposition of penalty under Section 20(1) at Rs 250 per day for [X] days = Rs [amount]."
 +  - **Specify compensation:** "The appellant prays for compensation of Rs [amount] under Section 19(8)(b) for the loss/detriment suffered."
 +
 +Use [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]]. See [[https://righttoinformation.wiki/guide/applicant/application/penalty-section-20-2026|Section 20 Penalty Guide]] and [[https://righttoinformation.wiki/explanations/grounds-for-rejection|Grounds for Rejection Guide]].
 +
 +{{tag>rti penalty section 20 compensation 19 8 b pio information commission rs 250 per day rti 2026}}