The Bharatiya Vayuyan Adhiniyam, 2024 – A New Era For Civil Aviation In India

Background

The Aircraft Act, 1934 ("Aircraft Act"), as amended from time to time, governed India's civil aviation sector for more than nine decades. With effect from 1 January 2025, the Government of India ("GoI") repealed the Aircraft Act and brought into force the Bharatiya Vayuyan Adhiniyam, 2024 ("New Act").¹ This legislation introduces a modern and comprehensive regulatory framework for the design, manufacture, maintenance and operation of aircraft in India.

This article discusses the key provisions of the New Act, the regulatory authorities established under it, and their respective functions.

Highlights of the New Aircraft Act

The New Aircraft Act, inter alia, advances the Government's "Make in India" initiative and provides for a more comprehensive framework for the regulation of the design, manufacture, maintenance, possession, use, operation, sale, export and import of aircraft, along with other incidental matters.² To complement this framework, the Government has also notified the Radio Telephone Operator (Restricted) Certificate and Licence Rules, 2025, and released draft versions of the Bharatiya Vayuyan Rules, 2025 and the Aircraft (Investigation of Accidents and Incidents) Rules, 2025 for public consultation.³

Design, manufacture, maintenance and repairs of aircraft: While the Aircraft Act, 1934 referred to the manufacture of aircraft in its preamble and empowered the Government to regulate manufacture, repair and maintenance, it did not specifically cover design. The New Act addresses this gap by expressly defining "design" alongside "manufacture" and "maintenance."⁴ By empowering the Government to frame rules on design, manufacture, repairs, maintenance and operations of aircraft and aeronautical products, the Act enables India to qualify as a "State of Design" under international aviation standards, while also strengthening policy efforts to boost domestic manufacturing, maintenance and repair capabilities.

Testing for Radio Telephone Operator (Restricted) Certificates and Licences ("RTR"): RTRs are mandatory for personnel operating radiotelephony or telegraphy equipment in connection with the operation and maintenance of aircraft and associated equipment. Under the New Act, read with the RTR Rules, 2025, the written and practical examinations for candidates will be conducted by the DGCA, while the licences themselves will be issued by the Government.⁵

Implementation of international conventions: The Bharatiya Vayuyan Adhiniyam, 2024 empowers the Government to frame rules for implementing the Chicago Convention of 1944 on International Civil Aviation, of which India is both a founding member and a Council State of the ICAO.⁶ It also facilitates the issuance of RTRs in accordance with the International Telecommunication Convention, ensuring alignment with global obligations.

Stricter penalties: While the maximum term of imprisonment remains unchanged from the Aircraft Act (two to three years), the monetary penalty has been increased tenfold to ₹1 crore.⁷

Two-tier appellate structure: The Bharatiya Vayuyan Adhiniyam, 2024 introduces a two-tier appellate mechanism against orders of authorised officers suspending, cancelling or restricting licences, certificates or approvals, or imposing penalties. The first appeal lies before the officer (First Appellate Officer) next in rank to the original decision-maker, while a second appeal may be filed before the officer (Second Appellate Officer) higher in rank to the First Appellate Officer. Appeals must be filed within thirty days from the date of receipt of the order, though both appellate authorities may condone delays not exceeding thirty days.⁸

Regulation of tariffs and fares: The New Act empowers the Government to regulate fares, charges and rates levied by operators of air transport services for the carriage of passengers and goods.⁹

Authorities under the New Act

The New Act retains the three statutory authorities created by the Aircraft (Amendment) Act, 2020, namely the Directorate General of Civil Aviation (DGCA), the Aircraft Accident Investigation Bureau (AAIB) and the Bureau of Civil Aviation Security (BCAS).¹⁰ These bodies, originally deemed to have been established under the Aircraft Act, are now recognised as continuing under the New Act. Administration of each authority rests with its respective Director General.

DGCA: The DGCA remains the primary regulatory body for safety oversight and regulatory functions under the New Act. As per the Rules, it will continue to perform functions similar to those under the Aircraft Act, including the registration and marking of aircraft; granting of operator's certificates to Indian carriers; formulation of airworthiness standards and issuance of airworthiness certificates; licensing of pilots; and investigation of accidents and incidents involving heavier aircraft. Importantly, the DGCA now also has enhanced powers to impose stricter penalties for contraventions.¹¹

AAIB: The AAIB is responsible for investigating aircraft accidents and incidents. Under the Rules, it will classify occurrences as accidents, serious incidents or incidents based on predetermined criteria. The AAIB is proposed to handle investigations involving aircraft weighing up to 2,250 kgs, while heavier aircraft incidents will fall under the DGCA's jurisdiction. The AAIB will also have powers to issue directions for preserving evidence and maintaining safe custody of aircraft and contents, as well as assisting the Ministry of Civil Aviation ("MoCA") in formal investigations, disseminating investigation findings to the public, and processing final reports.¹²

BCAS: The BCAS is tasked with regulatory and oversight functions concerning aviation security, including safeguarding civil aviation against acts of unlawful interference.¹³

Although the Act provides well-demarcated roles for the DGCA, AAIB and BCAS, it also continues to vest superintendence over these authorities in the MoCA, which retains powers to direct officers or authorities to perform functions exercisable by their respective Director Generals.¹⁴

Significance and Way Forward

The New Act, Bharatiya Vayuyan Adhiniyam, 2024 establishes a modern and comprehensive legal framework for civil aviation in India. It explicitly incorporates design into the regulatory regime, introduces a stronger penalty framework, and provides for a structured appellate mechanism. It also enhances India's compliance with international conventions, while providing a clear legislative foundation for domestic policy initiatives such as Make in India.

At the same time, the Act retains the overarching supervisory powers of the MoCA over independent regulatory authorities. In light of recent accidents and serious incidents involving Indian aircraft, the extent to which the MoCA will exercise these powers remains to be seen. Striking the right balance between regulatory independence and ministerial oversight will be critical for strengthening aviation safety, operational efficiency and India's international reputation in the sector.

Conclusion

The Bharatiya Vayuyan Adhiniyam, 2024 represents a landmark reform in Indian aviation law, replacing the Aircraft Act, 1934 after more than ninety years. Together with the draft rules under consultation, it provides a stronger legal foundation for the sector's growth, aligned with global best practices and India's policy priorities. The ultimate test of its success will lie in its effective implementation and the ability of regulators to operate with both autonomy and accountability.

Footnotes

1 Bharatiya Vayuyan Adhiniyam, 2024, notified vide Gazette of India, Extraordinary, Part II, Section 1, dated 24 December 2024.

2 Preamble and Section 3, Bharatiya Vayuyan Adhiniyam, 2024.

3 Radio Telephone Operator (Restricted) Certificate and Licence Rules, 2025; Draft Bharatiya Vayuyan Rules, 2025; Draft Aircraft (Investigation of Accidents and Incidents) Rules, 2025.

4 Sections 4–7, Bharatiya Vayuyan Adhiniyam, 2024.

5 Section 10 read with RTR Rules, 2025.

6 Section 12, Bharatiya Vayuyan Adhiniyam, 2024; Chicago Convention on International Civil Aviation, 1944.

7 Section 34, Bharatiya Vayuyan Adhiniyam, 2024.

8 Section 38, Bharatiya Vayuyan Adhiniyam, 2024.

9 Section 20, Bharatiya Vayuyan Adhiniyam, 2024.

10 Sections 21–23, Bharatiya Vayuyan Adhiniyam, 2024.

11 Section 21 read with Draft Bharatiya Vayuyan Rules, 2025.

12 Section 22, Bharatiya Vayuyan Adhiniyam, 2024; Draft Aircraft (Investigation of Accidents and Incidents) Rules, 2025.

13 Section 23, Bharatiya Vayuyan Adhiniyam, 2024.

14 Section 25, Bharatiya Vayuyan Adhiniyam, 2024.

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