I. Introduction
The Ministry of Civil Aviation has released the draft Civil Drone (Promotion and Regulation) Bill, 2025 (Bill) for public consultation on September 16, 2025, inviting stakeholder comments by September 30, 2025. This Bill proposes a standalone legislation specifically for civil Unmanned Aircraft Systems (UAS) below 500 kilograms maximum all-up weight.
Currently, drone operations in India are regulated through the Drone Rules, 2021 (Drone Rules/Rules) issued under the Aircraft Act, 1934 (now replaced by the Bharatiya Vayuyan Adhiniyam, 2024). This Bill, upon enactment, will serve as the primary legislation for UAS operations, with new rules to be formulated under this Bill that will replace the existing Drone Rules, 2021.
The Bill applies to all persons (including foreign citizens and entities) engaged in any aspect of UAS operations in India - from manufacturing and importing to operating and maintaining. It covers all UAS registered in India regardless of operation location, and all UAS operating within Indian airspace.
This post provides:
- The key takeaways and challenges.
- A comparison table between Drone Rules, 2021 and the Bill.
II. Key Takeaways
- Change in structure from rules to a distinct law:The Bill now creates an entirely separate statute for drone regulation in the country. If passed, all future policymaking, rule-making, and regulatory action for drones will now flow from this new Bill.
- Uncertainty through delegated legislation: There is a significant number of matters that are left to delegated legislation. Section 45 empowers the Central Government to make rules across almost every aspect of drone operations: classification and categorisation of drones, type certification standards, safety requirements, pilot training and certification, authorisation of training organisations, record-keeping and documentation, operational envelopes (altitude, distance, weather, performance limits), and even payload restrictions. While this flexibility ensures that regulation can evolve in step with technology, it also creates regulatory uncertainty.
Notably, Section 45 also authorises the government to regulate the economic terms of drone services - fares, fees, tariffs, and charges. This represents a significant potential shift: drone operations in India have so far been commercially unregulated, but the Bill opens the door to tariff-setting and market intervention.
- Criminalization and excessive penalties:The Bill marks a clear shift towards criminalising drone-related violations. Several offences are now classified as cognizable, meaning the police may investigate, detain, or even arrest without requiring a warrant or prior approval from a magistrate. This substantially raises compliance risks for operators, as enforcement can be immediate and intrusive. The Bill also empowers authorities to detain any drone for up to 3 days on mere suspicion of violation, even before guilt is established. This creates operational uncertainty and potential disruption for legitimate businesses. Further, the inclusion of abetment provisions expands liability beyond the operator to partners, financiers, or service providers associated with the drone ecosystem, exposing them to penalties if linked to an offence.
- No clear research and development carve out:Unlike Rule 42 of the Drone Rules, 2021, there is no exemption for R&D or experimental flights. There is also no similar exemption for model RPAS from the Drone Rules 2021, present in the current Bill. While the Bill retains the concept of "prototype UAS," it does not provide any operational clarity on prototype UAS. Government notifications on this front can be expected to provide clarity.
- Type certification uncertainty:Section 7 of the Bill states that no UAS may be manufactured, assembled, sold, transferred, or operated without a DGCA-issued type certificate, "or is exempted from the requirement of having type certificate issued under this Act." This marks a departure from the Drone Rules, 2021, where manufacturers were not required to obtain type certification merely to manufacture, and where carve-outs existed for different categories such as model RPAS, nano drones, or for research and development. Under the new framework, those flexibilities either disappear or remain uncertain. In effect atleast, the exemptions appear to continue during the transition until new rules are notified.
- Expanded liability and insurance regime:The Bill broadens the definition of "accident" to include not just fatal or serious injury but also property damage. The Bill also introduces a compulsory insurance and compensation regime. Every drone operator must maintain third-party insurance, with fixed compensation amounts prescribed in the bill, on a no-fault basis. Compensation claims can now be brought not only by injured persons or their legal representatives, but also by property owners. For operators, this creates new operating costs and exposes them to tribunal-driven claims, though the government may exempt certain UAS categories by notification.
- Drones Rules, 2021 remain until new rules are out: The Bill provides that the Drone Rules, 2021 will be repealed only once new rules are framed under the Act. This means that if the Bill is enacted but the government delays notifying new rules, the 2021 Rules will continue to govern drone operations in the interim. For industry, this ensures regulatory continuity - there will be no vacuum - but also prolongs uncertainty, since operators will not know when new obligations (e.g. insurance, certification standards, economic regulation) will take effect.
III. Comparative Analysis: Drone Rules, 2021 vs Civil Drone Bill, 2025
Theme |
Drone Rules, 2021 |
Civil Drone Bill, 2025 |
What Has Changed |
Implications for Industry |
1. Legal Basis |
These were issued as subordinate legislation under the Aircraft Act, 1934 (now replaced by the Bharatiya Vayuyan Adhiniyam, 2024). Their scope was largely limited to permissions, compliance, and administrative regulation |
If enacted, this Bill will create a stand-alone Act with full statutory force. All further rules, and policymaking for drones will be under this Bill. |
Drone regulation moves from an executive rules framework to a primary legislation framework with parliamentary oversight. |
Stronger enforceability; creates statutory rights and obligations. The challenge is that since most of the operational framework will come through delegated legislation there is a lack of clarity at present. |
2. Applicability |
The Rules applied to Indian citizens and entities operating unmanned aircraft systems (UAS) weighing less than 500 kilograms.1 They excluded the Armed Forces and UAS above 500 kilograms. |
Same under 500 kg scope but includes foreign citizens and any person engaged in drone activity in India.2 |
The regime has widened from a focus on Indian operators to a comprehensive framework covering all categories of stakeholders, including foreign citizens and entities. |
The Bill now captures the entire value chain of the drone ecosystem. Not only operators, but also, but also the trainers, importers, designers etc. who are engaging with a drone in India. For industry, this could translate into broader compliance obligations across activities that were earlier outside the regulatory spotlight. |
3. Definitions |
The Rules defined categories such as model remotely piloted aircraft systems, nano-to-large weight classes, the Digital Sky platform, remotely piloted aircraft systems (RPAS), the "No Permission, No Take-off" (NPNT) requirement, prototype UAS, geo-fencing, and type certificates.3 |
The Bill adds new definitions, including mandatory safety features, mandatory security features, "accident," "compensation," and "airworthy." It also revises the definitions of green and yellow zones, and expands the definition of "accident" to include property damage.4 |
The Bill broadens the definitional framework to capture safety obligations and liability triggers, and explicitly recognizes property damage as part of an "accident." Since the Bill also empowers the government to frame detailed rules, further definitions may be introduced through subordinate legislation. |
The new concept of "airworthy" aligns drones more closely with aviation-grade safety and maintenance standards. The Bill leaves scope for further definitions to be introduced through delegated legislation, creating ongoing regulatory unpredictability |
4. Regulatory Bodies |
Under the Drone Rules, the Directorate General of Civil Aviation (DGCA) is the key implementing authority, with oversight through Digital Sky. |
The Bill makes DGCA the statutory regulator with enforcement powers, while also allowing the government to delegate functions to other authorities.5 Police can seize drones, documents, or devices in case of violations,6 and the Motor Accident Claims Tribunal will handle accident-related claims arising out of UAS operations affecting persons or property.7 |
The Bill enables multi-body oversight relating to different specified UAS operations while DGCA will still remain the primary statutory authority. |
The proposed law creates a tighter monitoring and enforcement action against non-compliance. |
5. UIN |
Under the Drone Rules, all drones had to obtain a Unique Identification Number (UIN) through Digital Sky before operation.8 However, Rule 42 carved out an exemption for unmanned aircraft system operations conducted specifically for research, development, and testing. |
The Bill requires every drone to be registered and issued a UIN before ownership, operation, sale, or transfer.9 The mechanism will be decided through Rules.10 Unlike Rule 42 of the current rules, it does not contain any language providing exemptions for R&D |
On the face of it- it does not appear to be a major change, but the operationalization has been moved to delegated legislation- so there is no clarity as yet. It's worth noting that Section 6 of the Bill prohibits all UAS operations without a UIN, while Rule 42 had permitted certain R&D and testing operations without one. |
Until the new rules are notified, there may be a period of uncertainty around whether activities such as R&D and testing continue to benefit from exemption. |
6. Manufacturing |
The Rules imposed only general compliance requirements on manufacturers.11 |
The Bill prohibits the manufacture or sale of drones without a type certificate unless exempted and includes online sales within its scope.12 |
Explicit statutory prohibition on manufacturing without type certificate unless exempted, with criminal penalties for violation |
This is sharp deviation from the earlier rules. The requirement to have type certification to manufacture has grave implications for the ability of companies to design and innovate. Manufacturers must implement tighter supply chain controls, ensure compliance in e-commerce channels, and be prepared for direct liability if certification rules are not met. |
7. Type Certification |
Under the 2021 Rules, type certification was required based on recommendations from QCI or an authorized testing entity, but exemptions were given for model RPAS and nano UAS.13 Type certification was an obligation limited to the operators of UAS.14 |
The Bill requires every drone to have a DGCA-issued type certificate unless exempted by rules.15 It ties certification directly to compliance with mandatory safety and security features and expressly prohibits tampering with them.16 The Bill expands the obligation of a type certification even for manufacturing. |
The shift is from a flexible framework with clear exemptions to a statutory regime where certification is the default and exemptions are uncertain. Type certification is now legally inseparable from safety and security compliance, and tampering with type certified features is criminalized. |
While the Drone Rules, 2021 remain in force until replaced, the Bill signals a more stringent certification regime ahead. In the interim, there may be periods of uncertainty around how exemptions (such as for model or nano UAS) are applied. Further, manufacturers of UAS have to now obtain type certification for the UAS they manufacture. |
8. Safety Features |
The Rules listed specific requirements such as NPNT, geo-fencing, and real-time tracking.17 |
The Bill makes it a statutory requirement for drones to include mandatory safety and security features as notified, and prohibits tampering with them. |
The approach shifts from a fixed list of features in the Rules to an obligation under the Bill, where the specific features will be prescribed later through notifications. There is now criminal liability for tampering. |
Companies must continue meeting the listed requirements under the Rules for now, but should expect additional or revised features once the Bill's framework is operational. There is a risk of uncertainty during the transition. |
9. Insurance |
The Rules did not make insurance explicitly mandatory and were silent on compensation for third parties. The Rules only mentioned that Motor Vehicles Act and Rules would apply to UAS.18 |
The Bill requires all drone operations to be covered by third-party insurance.19 It also fixes statutory compensation in case of accidents: ₹2.5 lakh in case of death and ₹1 lakh in case of grievous hurt20, with claims to be adjudicated by Motor Accident Claims Tribunals.21 |
Expanded insurance regime from under the Rules to a statutory mandate for both insurance and compensation. |
Operators will need to plan for mandatory insurance and potential liability exposure. While this adds compliance costs, it also has the potential to create predictability. |
10. Claims Resolution |
Under the Rules, there was no specific framework for claims and dispute resolution. |
The Bill creates a dedicated compensation framework through Motor Accident Claims Tribunals, with a six-month filing window22, appeals to the High Court23, and enforcement of awards as decrees.24 |
Claims move from ordinary civil litigation in any such cases to a specialized quasi-judicial process with fixed procedures and timelines. |
Victims get faster and structured relief, while operators face a clearer but more formalised claims mechanism. |
11. Penalties and enforcement |
Enforcement was limited to administrative actions such as suspension or cancellation of authorizations under the Aircraft Act, along with a limited penalty of up to ₹1 lakh.25 |
The Bill introduces criminal penalties including imprisonment of up to 3 years and fines of up to ₹1 lakh, depending on the violation.26 It also provides for compounding of certain offences27 and gives authorities powers to detain drones and related equipment.28 |
The penalty regime shifts from primarily administrative sanctions to a statutory framework with higher deterrence, including potential jail terms and confiscation of drones. |
Operators face a more stringent enforcement environment, where violations may attract criminal liability. The broader definition of "accident," now covering property damage as well as injury or death, increases liability exposure for operators and insurers. This heightens the importance of compliance, though certain contraventions remain compoundable. The powers granted to law enforcement to detain drones and related equipment is concerning and can result in operational challenges. |
12. Airspace Zones |
The Rules gave precise definitions: green zones allowed operations up to 400 ft above ground level (200 ft in the 8–12 km band from an aerodrome), yellow zones covered controlled airspace requiring ATC clearance (including airspace above 400 ft in green zones and above 200 ft in the 8–12 km band), and red zones were prohibited areas where flights required Central Government approval.29 |
The Bill defines green, yellow, and red zones only in broad terms: green zones are airspace as prescribed by the Centre; yellow and red zones are areas where operations are prohibited unless permitted by the Central Government.30 It does not set altitude ceilings or distance bands and leaves the details to future rules and notifications. |
The framework shifts from detailed zone classifications with fixed parameters to general statutory recognition, with the specifics deferred to Rules that will be made. |
The 2021 Rules continue to govern zone parameters for now, but once replaced, operators will need to adapt to the new definitions when notified. During the transition, uncertainty may arise in applying the Bill's broad definitions alongside the Rules, requiring case-by-case assessment. |
13. R&D Operations |
Under the Drone Rules, Rule 42 exempted R&D entities, startups, and manufacturers from requirements such as type certification, UIN, permission, for operations in green zones.31 |
The Bill does not contain explicit statutory exemptions for R&D, though it introduces a definition of "prototype" and leaves scope for any exemptions to be provided through Rules to be made.32 The Bill however explicitly recognizes that Rules can be made for VLOS and BVLOS operations.33 |
Previous R&D exemptions are not explicitly carried forward in the Bill. Any exemptions for R&D would come out through the Rules to be made. |
Startups and research entities may face uncertainty until rules clarify whether R&D and prototype operations will continue to benefit from exemptions, creating potential compliance burdens in the interim. |
14. Import/Export |
Under the Drone Rules, DGFT regulated imports. There was nothing to govern exports under the Rules.34 |
Under the Bill, the DGFT continues to regulate imports and also exports35; Centre can makes Rules to regulate import and now also export of UAS to secure safety of their operations.36 |
Central Government can now by an order, prohibit imports or exports of UAS or any class when such restriction is found necessary. |
Drone companies must now factor in export restrictions and possible prohibitions, adding another layer of compliance in global supply and sales chains. |
15. BVLOS Operations |
The Rules had no specific provision or recognition for Beyond Visual Line of Sight (BVLOS) operations and was contingent on the creation of separate a Type Certification framework for BVLOS operations. |
The Bill does not directly address BVLOS operations but explicitly recognizes them within its rule-making framework.37 |
The law now provides a legal foundation for BVLOS, though without immediate operationalization. |
This creates a pathway for future BVLOS operations, but timelines for implementation remain uncertain, requiring companies to track regulatory developments closely. |
16. Federal Structure |
Under the Drone Rules, regulatory powers were centralized in the DGCA.38 |
The Bill allows States to create red zones (previously only limited to creating temporary red zones), issue tribunal rules,39 and enables wider multi-agency delegation such as by giving certain powers to local police departments relating to UAS activities. |
There is a shift from a centralized regime to one where States and other agencies have a more direct role. |
Companies may face multi-jurisdictional compliance requirements and will need structured engagement with both central and state authorities. |
Footnotes
1 Rule 2, Drone Rules, 2021
2 Section 2, Civil Drone (Promotion and Regulation) Bill, 2025
4 Rule 3, Drone Rules, 2021
3 Section 3, Civil Drone (Promotion and Regulation) Bill, 2025
5 Section 4, Civil Drone (Promotion and Regulation) Bill, 2025
6 Section 35(3), Civil Drone (Promotion and Regulation) Bill, 2025
7 Section 12, Civil Drone (Promotion and Regulation) Bill, 2025
8 Rule 14, Drone Rules, 2021
9 Section 6, Civil Drone (Promotion and Regulation) Bill, 2025
10 Section 45(2)(e), Civil Drone (Promotion and Regulation) Bill, 2025
11 Rule 13, Drone Rules, 2021
12 Section 7, Civil Drone (Promotion and Regulation) Bill, 2025
13 Rule 13, Drone Rules, 2021
14 Rule 6, Drone Rules, 2021
15 Section 7, Civil Drone (Promotion and Regulation) Bill, 2025
16 Section 8, Civil Drone (Promotion and Regulation) Bill, 2025
17 Rule 12, Drone Rules, 2021
18 Rule 44, Drone Rules, 2021
19 Section 9, Civil Drone (Promotion and Regulation) Bill, 2025
20 Section 11, Civil Drone (Promotion and Regulation) Bill, 2025
21 Section 12, Civil Drone (Promotion and Regulation) Bill, 2025
22 Section 13, Civil Drone (Promotion and Regulation) Bill, 2025
23 Section 19, Civil Drone (Promotion and Regulation) Bill, 2025
24 Section 15, Civil Drone (Promotion and Regulation) Bill, 2025
25 Rule 50, Drone Rules, 2021
26 Section 27, Civil Drone (Promotion and Regulation) Bill, 2025
27 Section 35, Civil Drone (Promotion and Regulation) Bill, 2025
28 Section 35(3), Civil Drone (Promotion and Regulation) Bill, 2025
29 Rule 3(l), Drone Rules, 2021
30 Section 27, Civil Drone (Promotion and Regulation) Bill, 2025
31 Rule 42, Drone Rules, 2021
32 Section 3, Civil Drone (Promotion and Regulation) Bill, 2025
33 Section 45 (2) (y-z), Civil Drone (Promotion and Regulation) Bill, 2025
34 Rule 11, Drone Rules, 2021
35 Section 26, Civil Drone (Promotion and Regulation) Bill, 2025
36 Section 45, Civil Drone (Promotion and Regulation) Bill, 2025
37 Section 45 (2) (z), Civil Drone (Promotion and Regulation) Bill, 2025
38 Rule 8, Drone Rules, 2021 and Rule
39 Section 22, Civil Drone (Promotion and Regulation) Bill, 2025
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.