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RTI — UPSC Prelims Facts and Traps

UPSC Civil Services• POLITY• Transparency and Right to Information• RTI — UPSC Prelims Facts and Traps
# RTI — UPSC Prelims Facts and Traps — Summary ## Constitutional Article 19(1)(a) → Right to Know. Article 21 → Privacy. --- ## Core Sections 2(f) → Information. 2(h) → Public Authority. 2(n) → Third Party. 3 → Right of citizens. 4 → Proactive Disclosure. 6 → RTI Application. 7 → Response Time. 8 → Exemptions. 9 → Copyright. 10 → Severability. 11 → Third-Party Procedure. 18 → Complaint. 19 → Appeal. 20 → Penalty. 25 → Monitoring/Reporting. --- ## Time Limits 48 hours → Life/Liberty. 5 days → Application transfer / third-party notice. 10 days → Third-party representation. 30 days → Normal RTI response. 40 days → Third-party decision. 90 days → Second appeal. --- ## Penalty ₹250/day → PIO penalty. ₹25,000 → Maximum. --- ## Historical Disclosure 20 years → Section 8(3). Exceptions: A + C + I. --- ## Information Principle Existing information → RTI. New information creation → Generally not required. --- ## 17 Section 4 Categories Organisation → Powers → Decision-making → Norms → Rules → Documents → Consultation → Committees → Officers → Salary → Budget → Subsidies → Concessions → Electronic Information → Citizen Facilities → PIO → Other prescribed. --- ## Current Privacy Law Section 8(1)(j) → Information which relates to personal information. Effective: → 13 November 2025. ### Important Old privacy wording → Historical. Current wording → Personal information. --- ## Amendments ### 2019 RTI Amendment → Sections 13, 16, 27. → Commission tenure/service framework changed. ### 2019 J&K Reorganisation Act → Former J&K exclusion removed. ### DPDP Act 2023 / 2025 → Section 8(1)(j) changed. --- ## Landmark Cases Raj Narain → Right to Know. S.P. Gupta → Open Government. ADR → Voter's Right to Know. CBSE → Existing Information. RBI → No Automatic Fiduciary. Girish Deshpande → Personal Information. Puttaswamy → Privacy. Subhash Chandra Agarwal → RTI + Privacy + Judiciary. --- ## Most Important Traps Applicant must give reasons → ❌ Only government departments are public authorities → ❌ Every confidential record is exempt → ❌ Third party has veto → ❌ RTI requires creation of new information → ❌ Investigation automatically means exemption → ❌ Entire DPDP Act came into force on 13 Nov 2025 → ❌ Section 9 = commercial confidence → ❌ Section 18 = appeal → ❌ Section 25 = penalty → ❌ --- ## Golden Number Chain > 48 → 5 → 10 → 30 → 40 → 90 > ₹250 → ₹25,000 > 20 → 65 → 3 ### Meaning 48 → Life/liberty. 5 → Transfer/third-party notice. 10 → Third-party representation. 30 → Normal response. 40 → Third-party decision. 90 → Second appeal. 250 → Daily penalty. 25,000 → Maximum penalty. 20 → Years. 65 → Age limit. 3 → 2019 Rules term. ## UPSC Core Insight "Most RTI Prelims questions are not about broad concepts; they test exact section numbers, time limits, institutional roles, statutory exceptions, landmark judgments and current amendments." ## Final Memory 3 → Citizens. 4 → Proactive. 6 → Apply. 7 → Time. 8 → Exempt. 9 → Copyright. 10 → Separate. 11 → Third Party. 18 → Complaint. 19 → Appeal. 20 → Penalty. 25 → Monitor.

RTI — UPSC Prelims Facts and Traps

1. Basic Facts

Right to Information Act

Official name:

Right to Information Act, 2005.

Act Number:

Act No. 22 of 2005.

Purpose

To provide citizens access to information under the control of public authorities in order to promote:

  • Transparency.
  • Accountability.
  • Informed citizenry.
  • Democratic participation.

The Central Information Commission describes RTI as a mechanism for transparency and accountability and traces the constitution of the CIC to 12 October 2005. (cic.gov.in)

Prelims Trap

RTI Act was enacted in 2004.

❌ Wrong.

It was enacted in:

2. Constitutional Basis

The right to know has strong constitutional roots in:

Article 19(1)(a).

Important

The Constitution does not contain a separate article literally titled:

"Right to Information."

The right to know has been judicially derived from freedom of speech and expression.

Trap

Right to Information is expressly named as a Fundamental Right in Article 19.

❌ Wrong wording.

Correct:

Judicially recognised as part of Article 19(1)(a).

3. Nature of RTI

RTI is:

A statutory right with constitutional foundations.

Remember

Constitution → Right to Know.

RTI Act → Detailed statutory mechanism.

Trap

The RTI Act is merely an executive scheme.

❌ Wrong.

It is Parliamentary legislation.

4. Who Can File RTI?

Under Section 3:

All citizens shall have the right to information.

Therefore

Citizen → Yes.

Non-citizen foreign national → No statutory right under Section 3.

Trap

Anyone in the world can invoke Section 3.

❌ Wrong.

The statutory right belongs to:

Citizens.

5. Who Is a Public Authority?

Section 2(h) covers bodies such as:

  • Constitutional bodies.
  • Bodies established by Parliament.
  • Bodies established by State Legislature.
  • Bodies established by notification/order.
  • Bodies owned, controlled or substantially financed by government.
  • NGOs substantially financed by government.

Trap

Only government departments are public authorities.

❌ Wrong.

6. "Substantially Financed"

Substantial government financing can bring an otherwise non-government body within the public-authority definition.

Trap

Only 100% government-funded organisations can be public authorities.

❌ Wrong.

The Act does not require complete government financing.

7. Public Authority and Private Body

A private institution is not automatically outside RTI.

Test

Ask:

Does it satisfy Section 2(h)?

Important

"Private" ≠ "Automatically outside RTI."

8. Information — Section 2(f)

Information includes material in any form, including:

  • Records.
  • Documents.
  • Memos.
  • E-mails.
  • Opinions.
  • Advices.
  • Press releases.
  • Circulars.
  • Orders.
  • Logbooks.
  • Contracts.
  • Reports.
  • Papers.
  • Samples.
  • Models.
  • Data material held in electronic form.

Trap

RTI covers only physical documents.

❌ Wrong.

9. Existing Information Principle

RTI generally provides access to:

Information already held by or under the control of the public authority.

It does not normally require a public authority to:

  • Create fresh information.
  • Conduct new research.
  • Generate a new opinion.
  • Answer hypothetical questions.

This principle was strongly clarified in CBSE v. Aditya Bandopadhyay.

Prelims Formula

RTI → Existing information.

RTI ≠ Research service.

10. "Why" Questions

A citizen may ask:

"Why was my application rejected?"

Correct RTI Approach

Ask for:

  • Rejection order.
  • Recorded reasons.
  • File noting.
  • Relevant correspondence.

Trap

PIO must always create a fresh explanation answering every "why".

❌ Wrong.

11. Suo Motu Disclosure

Section 4(2):

Public authorities should continuously endeavour to provide as much information as possible:

suo motu.

The objective is:

Minimum resort to the RTI Act.

Trap

Suo motu disclosure means disclosure after receiving an application.

❌ Wrong.

Suo motu → On the authority's own initiative.

12. Section 4(1)(b) — 17 Categories

The Act requires publication of 17 categories of information.

High-Yield List

  1. Organisation, functions and duties.
  2. Powers and duties of officers.
  3. Decision-making procedure.
  4. Norms.
  5. Rules, regulations, instructions and manuals.
  6. Categories of documents.
  7. Consultation arrangements.
  8. Boards, councils and committees.
  9. Directory of officers/employees.
  10. Monthly remuneration.
  11. Budget allocations.
  12. Subsidy programmes.
  13. Concessions, permits and authorisations.
  14. Electronic information.
  15. Facilities for obtaining information.
  16. PIO details.
  17. Other prescribed information.

Trap

There are 20 categories under Section 4(1)(b).

❌ Wrong.

There are:

13. Section 4(1)(a)

Concerned with:

  • Cataloguing records.
  • Indexing records.
  • Computerisation of appropriate records.
  • Networking where appropriate.

Trap

Section 4(1)(a) is the main penalty provision.

❌ Wrong.

It concerns:

Record management and computerisation.

14. Section 4(1)(c)

Concerned with:

Relevant facts while formulating important policies or announcing decisions affecting the public.

Trap

It deals with employee salaries.

❌ Wrong.

15. Section 4(1)(d)

Concerned with:

Reasons for administrative or quasi-judicial decisions to affected persons.

Trap

Reasons must be supplied automatically to every citizen for every government action.

❌ Wrong.

The provision refers to:

Affected persons.

16. 120-Day Rule

Section 4(1)(b) originally required the specified information to be published:

Within 120 days from enactment.

Trap

Every annual Section 4 update must be made within 120 days.

❌ Wrong.

The 120-day period concerned the initial publication requirement.

17. Annual Updating

Information under Section 4(1)(b) is to be updated:

Every year.

Trap

Proactive disclosure is a one-time obligation.

❌ Wrong.

18. Dissemination — Section 4(3)

Information should be:

Widely disseminated and easily accessible to the public.

Trap

Uploading a document somewhere online automatically satisfies meaningful accessibility.

❌ Wrong.

19. Local Language — Section 4(4)

Dissemination should take account of:

  • Cost effectiveness.
  • Local language.
  • Most effective communication method in the local area.
  • Electronic format where possible.

Trap

RTI information must always be provided only in English.

❌ Wrong.

20. RTI Application — Section 6

An RTI request may be made:

  • In writing.
  • Through electronic means.

Trap

RTI applications must always be physically submitted.

❌ Wrong.

21. Reason for RTI Application

Section 6 does not require an applicant to:

Give reasons for requesting the information.

Important

The applicant is generally required to provide only particulars necessary for contacting them.

Trap

Applicant must prove "larger public interest" for every RTI application.

❌ Wrong.

22. Section 6(2)

An applicant:

shall not be required to give any reason for requesting the information.

Very High-Yield Trap

"An RTI applicant must explain why the information is needed."

❌ Wrong.

23. Transfer of Application — Section 6(3)

If the information is held by another public authority, or the subject matter is more closely connected with another authority:

Application may be transferred.

Time

Transfer should be made:

As soon as practicable and in no case later than 5 days.

Trap

Transfer limit is 10 days.

❌ Wrong.

5 days.

24. Normal Time Limit — Section 7

Normally:

30 days

from receipt of the request.

Trap

Every RTI must be answered within 15 days.

❌ Wrong.

Normal period:

30 days.

25. Life or Liberty

Where the information sought concerns:

Life or liberty of a person,

it shall be provided within:

48 hours.

Memory

Normal → 30 days.

Life/liberty → 48 hours.

26. APIO Submission

Where a request is submitted to an Assistant Public Information Officer:

5 days

are added to the response period under Section 7(1).

Trap

APIO submission does not affect the deadline.

❌ Wrong.

27. Third-Party Information

Section 11 is relevant where qualifying information:

  • Relates to a third party, or
  • Has been supplied by a third party,

and has been treated as confidential.

Key Point

Section 11 is:

A consultation procedure.

It is not itself an automatic exemption.

28. Third-Party Timeline

Within 5 days

Notice to third party.

10 days

Third party gets opportunity to represent.

40 days

PIO decision from receipt of the RTI request in a Section 11 case.

Memory

5 → 10 → 40.

29. Third-Party Veto

Third-party objection:

≠

Automatic refusal.

Correct

PIO → Considers representation → Makes statutory decision.

30. Section 8 — Exemptions

Section 8 contains the principal information exemptions.

Memory

A → Security/Sovereignty.

B → Court.

C → Legislature.

D → Commercial.

E → Fiduciary.

F → Foreign Government.

G → Life/Source.

H → Investigation.

I → Cabinet.

J → Personal Information.

31. Section 8(1)(a)

Protects information where disclosure would prejudicially affect specified interests including:

  • Sovereignty and integrity.
  • Security of the State.
  • Strategic interests.
  • Scientific interests.
  • Economic interests.
  • Foreign relations.
  • Incitement of an offence.

Trap

Every defence-related record is automatically exempt.

❌ Wrong.

Statutory conditions matter.

32. Section 8(1)(b)

Protects information where:

  • Publication is expressly forbidden by court/tribunal. or
  • Disclosure may constitute contempt of court.

Trap

Every court-related document is exempt.

❌ Wrong.

33. Section 8(1)(c)

Protects:

Breach of privilege of Parliament or State Legislature.

Trap

RTI automatically overrides legislative privilege.

❌ Wrong.

34. Section 8(1)(d)

Protects:

  • Commercial confidence.
  • Trade secrets.
  • Intellectual property.

where statutory conditions are satisfied.

Important

Larger public interest can be relevant.

Trap

All business information is exempt.

❌ Wrong.

35. Section 8(1)(e)

Protects:

Information available to a person in fiduciary relationship.

Trap

Every confidential relationship is fiduciary.

❌ Wrong.

A genuine fiduciary relationship is required.

36. Section 8(1)(f)

Protects:

Information received in confidence from a foreign Government.

Trap

It applies only to intelligence agencies.

❌ Wrong.

37. Section 8(1)(g)

Protects information where disclosure would:

  • Endanger life/physical safety.
  • Identify a confidential source in specified law-enforcement/security contexts.

Trap

Only police informants are covered.

❌ Wrong.

38. Section 8(1)(h)

Protects information where disclosure would:

Impede investigation, apprehension or prosecution.

Trap

"Investigation is ongoing" automatically means exemption.

❌ Wrong.

The impediment test matters.

39. Section 8(1)(i)

Concerned with:

Cabinet papers.

Important

Post-decision disclosure of specified Cabinet information is governed by the provision, subject to continuing exemptions.

Trap

Cabinet papers are permanently exempt.

❌ Wrong.

40. Section 8(1)(j) — Current Law

Current provision:

Information which relates to personal information.

This wording came into force on:

13 November 2025

through the DPDP Act framework. (indiacode.nic.in)

Very Important Trap

Old pre-2025 wording is the current Section 8(1)(j).

❌ Wrong.

41. Historical Section 8(1)(j)

Before the 2025 change, the provision contained a more detailed framework involving:

  • Personal information.
  • Public activity/public interest.
  • Unwarranted invasion of privacy.
  • Larger public interest.

UPSC Strategy

Older cases: → Historical jurisprudence.

Current text: → Current Section 8(1)(j).

42. Section 8(2) — Public Interest

Section 8(2) provides a public-interest balancing mechanism.

It operates notwithstanding:

  • Official Secrets Act.
  • Section 8(1) exemptions.

Test

Public interest in disclosure

Harm to protected interest.

Trap

Public interest automatically overrides every exemption.

❌ Wrong.

The statutory balancing framework must be applied.

43. Section 8(3) — 20-Year Rule

Subject to specified exceptions, information relating to an event/matter occurring:

20 years before the request

is generally to be provided.

Exceptions

The 20-year rule preserves protection under:

  • Section 8(1)(a)
  • Section 8(1)(c)
  • Section 8(1)(i)

Memory

20 years

but:

A + C + I survive.

44. Section 9 — Copyright

Section 9 permits rejection where providing access would involve:

Infringement of copyright subsisting in a person other than the State.

Trap

Section 9 is about commercial confidence.

❌ Wrong.

8(1)(d) → Commercial confidence.

9 → Copyright.

45. Section 10 — Severability

Where part of a record is exempt:

Non-exempt part may be disclosed if reasonably severable.

Example

Personal details → Redact.

Public expenditure → Disclose.

Trap

One exempt paragraph makes the entire document exempt.

❌ Wrong.

46. Section 11 — Third Party

Section 11:

Consultation procedure.

Not:

Automatic exemption.

Trap

Third party can veto disclosure.

❌ Wrong.

47. Section 18 — Complaints

The Information Commission can receive complaints in specified circumstances.

Examples include:

  • No PIO.
  • Refusal to accept application.
  • No response.
  • Unreasonable fee.
  • Access-related obstruction.

The CIC itself identifies Section 18 as its complaint jurisdiction. (cic.gov.in)

Trap

Section 18 is the first appeal provision.

❌ Wrong.

Section 18 → Complaint.

48. Section 19 — Appeals

First Appeal

PIO → First Appellate Authority.

Second Appeal

FAA → Information Commission.

Trap

Section 18 is second appeal.

❌ Wrong.

Section 19 → Appeals.

49. Second Appeal Time

A second appeal is generally to be filed within:

90 days

from the date on which the decision was received or ought reasonably to have been received.

Important

Delay may be condoned for sufficient cause.

Trap

Second appeal period is 30 days.

❌ Wrong.

50. Section 20 — Penalty

Information Commission may impose:

₹250 per day

subject to:

Maximum ₹25,000.

Possible Grounds

  • Unreasonable refusal.
  • Delay.
  • Malafide denial.
  • Knowingly incorrect information.
  • Incomplete/misleading information.
  • Destruction of information.
  • Obstruction.

Trap

Penalty is ₹500 per day.

❌ Wrong.

51. Section 20(2)

Commission may recommend:

Disciplinary action

against the PIO under applicable service rules where statutory conditions are satisfied.

Memory

20(1) → Monetary penalty.

20(2) → Disciplinary recommendation.

52. Section 25 — Monitoring

Information Commissions prepare annual reports on implementation.

The reports cover matters such as:

  • Requests.
  • Rejections.
  • Appeals.
  • Disciplinary action.
  • Charges.
  • Implementation efforts.
  • Reform recommendations.

(cic.gov.in)

Trap

Section 25 is about appointment of Commissioners.

❌ Wrong.

Section 25 → Monitoring and reporting.

53. CIC Jurisdiction

The Central Information Commission's jurisdiction extends over:

Central Public Authorities.

The CIC was constituted with effect from:

12 October 2005.

(cic.gov.in)

Trap

CIC handles every RTI appeal from every State department.

❌ Wrong.

54. State Information Commission

State Information Commissions deal with:

State public authorities.

Trap

SIC is subordinate to CIC in every RTI case.

❌ Wrong.

They operate within their respective jurisdictions under the Act.

55. CIC vs SIC

CIC

→ Central public authorities.

SIC

→ State public authorities.

Prelims Formula

Central Authority → CIC.

State Authority → SIC.

56. Information Commission Is Not a Criminal Court

The Information Commission:

  • Hears RTI matters.
  • Orders disclosure under its statutory powers.
  • Imposes RTI penalties under Section 20.
  • Performs monitoring functions.

It is not:

  • General criminal court.
  • General police agency.
  • General corruption-investigation agency.

Trap

CIC can arrest a PIO.

❌ Wrong.

57. Appointment — CIC/SIC

Central Information Commission

Appointed by:

President.

On recommendation of a committee consisting of:

  • Prime Minister — Chairperson.
  • Leader of Opposition in Lok Sabha.
  • Union Cabinet Minister nominated by Prime Minister.

State Information Commission

Appointed by:

Governor.

On recommendation of:

  • Chief Minister — Chairperson.
  • Leader of Opposition in Legislative Assembly.
  • Cabinet Minister nominated by Chief Minister.

Trap

CIC is appointed directly by the Prime Minister.

❌ Wrong.

58. 2019 Amendment — Tenure

The RTI Amendment Act, 2019 changed the framework governing tenure and service conditions of Information Commissioners.

Current Statutory Position

Term:

Such term as may be prescribed by the Central Government.

2019 Rules

The Central Rules prescribe:

Three years.

Trap

The RTI Act currently directly states a five-year term.

❌ Wrong.

59. 65-Year Limit

The:

65-year age limit

continues to be relevant.

Trap

2019 amendment removed the 65-year limit.

❌ Wrong.

60. J&K and RTI

The former Section 1(2) wording excluded:

State of Jammu and Kashmir.

The Jammu and Kashmir Reorganisation Act, 2019 removed that exclusion.

Effective

31 October 2019.

Trap

Central RTI Act continues to exclude J&K.

❌ Wrong.

61. RTI and Privacy

Important current-law distinction:

Before 2025

Section 8(1)(j) → Detailed privacy/public-interest framework.

Current

Section 8(1)(j) → Information which relates to personal information.

Trap

All old RTI privacy judgments automatically reproduce the current statutory test.

❌ Wrong.

62. RTI and DPDP

The Digital Personal Data Protection Act, 2023:

Amended Section 8(1)(j).

The relevant provision was brought into force on:

13 November 2025.

The DPDP Act itself has staggered commencement rather than coming into force entirely on one date. (indiacode.nic.in)

Trap

Entire DPDP Act came into force on 13 November 2025.

❌ Wrong.

63. Landmark Case — CBSE v. Aditya Bandopadhyay

Core Principle

RTI concerns:

Existing information.

Important

Public authority need not create:

  • New information.
  • Fresh analysis.
  • New explanation.

Exam Keyword

Existing information doctrine.

64. Landmark Case — RBI v. Jayantilal N. Mistry

Core Principle

RBI's regulatory relationship with banks is not automatically fiduciary.

Trap

Regulator

Fiduciary.

❌ Wrong.

65. Landmark Case — Girish Ramchandra Deshpande

Core Principle

Personal/service information was protected under the former Section 8(1)(j) framework.

Trap

Use the old statutory wording as current law.

❌ Wrong.

66. Landmark Case — Puttaswamy

Principle

Privacy:

Fundamental Right.

But:

Not absolute.

RTI Relevance

Right to Know vs Right to Privacy.

67. Landmark Case — CPIO, Supreme Court v. Subhash Chandra Agarwal

Core Principles

  • Supreme Court is a public authority under RTI.
  • RTI and judicial independence must be harmonised.
  • Privacy must be balanced against transparency.
  • Third-party procedure matters.
  • Institutional confidentiality is not an automatic blanket exemption.

Trap

Supreme Court is completely outside RTI.

❌ Wrong.

68. Landmark Case — Association for Democratic Reforms

Principle

Voters have a:

Right to know relevant information about electoral candidates.

Significance

Informed voter → Meaningful democracy.

69. Landmark Case — State of U.P. v. Raj Narain

Associated with:

Right to know about government affairs.

UPSC Memory

Raj Narain → Right to Know.

70. Landmark Case — S.P. Gupta

Associated with:

Open Government.

Memory

S.P. Gupta → Open Government.

71. Amendments — Current High-Yield

RTI Amendment Act, 2019

Changed:

  • Section 13.
  • Section 16.
  • Section 27.

J&K Reorganisation Act, 2019

Removed:

J&K exclusion.

DPDP Act, 2023

Changed:

Section 8(1)(j).

Memory

2019 → Institution + J&K.

2023/2025 → Privacy.

72. Common Number Traps

48 hours

→ Life/liberty.

5 days

→ Transfer / third-party notice.

10 days

→ Third-party representation.

30 days

→ Normal RTI response.

40 days

→ Third-party decision.

45 days

→ First appeal where no decision is received, for certain CIC complaint guidance contexts; do not confuse with the normal appeal-filing limit.

90 days

→ Second appeal.

₹250/day

→ PIO penalty.

₹25,000

→ Maximum penalty.

20 years

→ Section 8(3) historical disclosure rule, subject to exceptions.

65 years

→ Maximum age of CIC/IC under the Act.

3 years

→ Term prescribed by 2019 Rules.

73. Ultimate Prelims Trap Table

StatementAnswer
RTI applies only to physical records❌
Only government departments are public authorities❌
Applicant must state reason❌
Normal response time is 30 days✅
Life/liberty information: 48 hours✅
Third-party notice: 5 days✅
Third-party representation: 10 days✅
Third-party decision: 40 days✅
Second appeal: 90 days✅
Section 8 contains exemptions✅
Section 9 concerns copyright✅
Section 10 concerns severability✅
Section 11 is third-party procedure✅
Section 18 is complaint✅
Section 19 is appeal✅
Section 20 is penalty✅
Section 25 is monitoring/reporting✅
Penalty: ₹250/day✅
Maximum penalty: ₹25,000✅
RTI can force creation of new information❌
Third party has automatic veto❌
Entire DPDP Act began 13 Nov 2025❌
Current 8(1)(j) is old wording❌

74. Final Prelims Revision List

Must Memorise

Article 19(1)(a) → Right to Know.

Section 2(f) → Information.

Section 2(h) → Public Authority.

Section 2(n) → Third Party.

Section 3 → Citizens' Right.

Section 4 → Proactive Disclosure.

Section 6 → Application.

Section 7 → Time limits.

Section 8 → Exemptions.

Section 9 → Copyright.

Section 10 → Severability.

Section 11 → Third Party.

Section 18 → Complaint.

Section 19 → Appeal.

Section 20 → Penalty.

Section 25 → Monitoring.

Current Privacy

Section 8(1)(j) → Personal information.

Current Date

13 November 2025 → Current 8(1)(j) wording effective.

Key Numbers

48 hours 5 days 10 days 30 days 40 days 90 days ₹250/day ₹25,000 20 years 65 years 3 years.