Jayalakshmi K. has completed her B.Sc. Computer science and graduated with an LLB from Tamil Nadu Dr. Ambedkar Law University in Chennai, Read More
Abstract
In 2017, the Indian government introduced a new set of rules to handle the investigation of aircraft accidents and serious flight-related incidents. These rules were created to ensure that such investigations are carried out fairly, independently, and without outside pressure. The main goal is to understand what caused an accident—not to assign blame, but to stop similar problems from happening again. It also talks about how the investigation system works in real life, what kind of legal importance these rules have, and why they’re actually needed. A couple of court decisions are brought up too, just to show how Indian judges have looked at flight safety and accident cases.In the end, the write-up points out why having a fair and proper investigation process really matters — especially now, when more and more people in India are flying and air traffic is growing fast.
Introduction
Air travel in India has grown fast over the past few years. With more flights taking off every day, safety has become a serious concern. Unfortunately, accidents do happen, and when they do, it’s important to figure out what went wrong. That’s how airlines and authorities can stop similar mistakes from happening again.To tackle this issue, the Indian government brought in a new set of rules back in 2017. These rules are officially called The Aircraft (Investigation of Accidents and Incidents) Rules, 2017. Their purpose is simple: to guide how air accidents should be investigated in a proper and neutral way. These investigations aren’t about blaming people — they’re about improving flight safety. The rules also make sure that India follows global safety practices, especially those laid down by the International Civil Aviation Organization (ICAO).
Objective and Scope
The 2017 rules were introduced mainly to help experts look into serious air accidents and incidents without focusing on fault or punishment. Instead, they try to answer: What caused the event? What went wrong? And what should be done to make sure it doesn’t happen again?
The rules cover the following kinds of situations:
- When a plane registered in India is involved in an accident
- When a foreign aircraft has an incident while in Indian airspace
- When an Indian plane crashes abroad, and international rules allow India to look into it.
Background and Legal Basis
The Rules were issued under the powers given by the Aircraft Act, 1934[1], especially under Section 5A. Before 2017, investigations were handled under the 2012 rules. However, the earlier system had several issues, including lack of independence and delayed reports. So, the 2017 Rules created a more professional and neutral system.These Rules also help India follow Annex 13 of the Chicago Convention, which sets international standards for accident investigations.
Definitions
The Rules provide clear definitions[2]:
- Section 2(1) Accident: An occurrence with serious injury or death, or substantial aircraft damage during operation.
- Section 2(7) Annex 13: Refers to Annex 13 of the Convention on International Civil Aviation, originally signed in Chicago on December 7, 1944, and subsequently amended over time.
- Section 2(8) AAIB (Aircraft Accident Investigation Bureau) :Denotes the authority constituted by the Central Government for investigating accidents, in accordance with Annex 13[3] of the International Civil Aviation Organization (ICAO)
- Section 2(10) Chicago convention : Refers to the Convention on International Civil Aviation, signed in Chicago on December 7, 1944, and modified through subsequent amendments.
- Section 2(12) DGCA : Refers to the Director General, who serves as the chief of the Directorate General of Civil Aviation (DGCA). The DGCA is the authority responsible for regulating civil aviation and overseeing safety standards.
- Section 2(15) Draft Final Report : Refers to the report prepared by the Investigators designated under Rule 11 or Rule 12, intended to be shared with the States for consultation as outlined in sub-rule (1) of Rule 14.
- Section 2(17) ICAO : Refers to the International Civil Aviation Organization (ICAO), established under the Convention on International Civil Aviation signed in Chicago on December 7, 1944.
- Section 2(18) Incident: An event, not classified as an accident, which could affect the safety of operations.
- Section 2(26) Preliminary Report: Refers to the message used to quickly share information gathered during the initial phase of the investigation.
- Section 2(29) Serious Incident: An incident involving circumstances that indicate a high probability of an accident.
Investigative Framework
Two principal[4] agencies are involved:
- Aircraft Accident Investigation Bureau (AAIB): Established under Rule 3 of the 2017 Rules, this independent body under the Ministry of Civil Aviation conducts investigations into accidents and serious incidents. Publishes report and gives safety recommendations.
- Directorate General of Civil Aviation (DGCA): While the DGCA is not responsible for major investigations, it may be directed to look into minor incidents or assist in technical matters and assist AAIB when needed. It focuses on safety and regulations.
Types of Investigations
Investigations may be of three types:
- Formal Investigation: Under Rule 12 of the Aircraft (Investigation of Accidents and Incidents) Rules, 2017, the Central Government holds the authority to institute a formal investigation into any accident involving an aircraft registered in India, if it determines that such an inquiry is warranted in the public interest. For this purpose, the Government shall appoint a competent individual to conduct the investigation and may also designate one or more persons possessing specialized knowledge in disciplines such as law, aeronautics, engineering, or related fields to act as assessors. Additionally, one or more Investigators from the Aircraft Accident Investigation Bureau (AAIB) may be appointed to serve as assessors in the course of such formal investigations.
- AAIB Investigation: When a Serious Incident involves an aircraft with a maximum take-off mass exceeding 2250 kg or a turbojet aircraft, the AAIB is responsible for conducting the investigation under Rule 11 of the said Rules. Mandatory for every accident or serious incident involving civil aircraft in India.
- DGCA Investigation: If the aircraft involved weighs 2250 kg or less, and the occurrence is classified either as a Serious Incident or an Incident, the Directorate General of Civil Aviation (DGCA) conducts the investigation under Rule 13. Conducted only in cases of reportable incidents which do not fall under the ‘serious’ category.
Recent Case Highlight: Air India Flight 171 Crash (June 12, 2025)
On June 12, 2025, Air India Flight 171, a Boeing 787‑8 Dreamliner, crashed shortly after takeoff from Ahmedabad International Airport, killing 279 people, including 241 onboard and 38 on the ground. The aircraft was operating a scheduled flight to London Gatwick Airport.The pilot reportedly issued a mayday call just 30 seconds after takeoff, and the aircraft crashed into a nearby building housing student hostels. This is the first fatal crash involving a Boeing 787 Dreamliner and has shaken the Indian aviation industry. The AAIB immediately launched an investigation under the 2017 Rules, recovered flight recorders, and is working in coordination with foreign authorities and Boeing. The incident shows the crucial importance of the 2017 Rules in handling such large-scale tragedies and ensuring independent, timely, and transparent investigations.
Procedure and Timelines
Notification[5]
Immediate notice of the event must be provided to the AAIB, DGCA, and concerned agencies by the operator or pilot.
Initiation of Investigation
When an event is classified as an accident or a serious incident, the Aircraft Accident Investigation Bureau (AAIB) designates an Investigator-in-Charge or a team of Investigators in accordance with Rule 11 of the Aircraft (Investigation of Accidents and Incidents) Rules, 2017. The designated Investigator-in-Charge holds the responsibility for directing the investigation and examining the facts and circumstances related to the incident.
As per the provisions of the said Rules and ICAO Annex 13, an initial notification is issued to the State of Registry, State of the Operator, State of Design, and State of Manufacture of the aircraft involved. Representatives on behalf of state allowed to collaborate with AAIB investigation.
Collection of Preliminary Evidence
Once notified of an accident or serious incident, AAIB appoints investigators to collect evidence.The main objective at this stage is to preserve critical evidence that could deteriorate or be lost if not collected in time. This includes the following actions:
- Marking and mapping any impact marks on the ground or surrounding objects.
- Documenting how the wreckage is spread and identifying any damage patterns.
- Taking photographs and videos of the wreckage and the site.
- Conducting a basic inspection of the wreckage and recovering flight recorders or vital parts.
- Speaking with witnesses and recording their testimonies.
- Collecting data from the aircraft’s onboard systems, GPS, CCTV, or other surveillance sources available on site.
- Gathering audio and data recordings from Air Traffic Control (ATC), radar facilities, and meteorological departments.
- Relevant samples are collected from the accident site for further analysis. In instances where a preliminary investigation is conducted by officials from the Directorate General of Civil Aviation (DGCA) or any other agency, the AAIB requires the submission of a detailed report from the respective personnel.
Evaluation of Investigation Needs
The AAIB team reviews all initial findings to determine whether in-depth technical examinations are necessary. If specialised knowledge is required, such as from licensed pilots, aviation doctors, engineers, or air traffic controllers, relevant Subject Matter Experts (SMEs) from the aviation industry are included in the process.
As per ICAO Annex 13, consultations with Accredited Representatives and their technical advisers are also held for any component testing or analysis that must be conducted in their respective countries.
To facilitate such investigations, AAIB has signed Memorandums of Understanding with several specialised institutions:
1. Hindustan Aeronautics Limited (HAL)
2. National Aerospace Laboratories (NAL)
3. National Metallurgical Laboratory (NML)
4. Defence Metallurgical Research Laboratory (DMRL)
5. Directorate General of Civil Aviation (DGCA)
Detailed Examination and Analysis
All evidence collected is examined in depth to reconstruct the events that led to the occurrence and identify any contributing safety issues. The level of detail and extent of analysis depends on how serious or complex the occurrence is, and what safety lessons can be drawn from it.
Investigators may need to analyse different types of data, clarify inconsistencies, and meet with the flight crew or operator’s personnel multiple times to verify the information.
They also review documents provided by the airline/operator, regulatory bodies, and other involved parties. These materials are assessed with the help of SMEs if needed.
Data from flight recorders, technical reports, and forensic examinations are studied and may be discussed further with stakeholders. Sometimes, the evidence may be incomplete or conflicting, requiring further interviews or additional data collection.This may result in a wider scope of inquiry and a longer duration for completing the investigation.
Report Preparation
After the investigators finish all the checking and reviewing, they gather all things and prepare proper report. It’s not just a bunch of facts — it’s a full breakdown of what happened, what they looked into, what they figured out, and what steps they suggest so the same kind of thing doesn’t happen again. They follow international rules for how the report should look and what to include — ICAO Annex 13, to be exact.
Consultation and Feedback
The draft isn’t kept secret. It’s shared with the countries that are involved in any way — like where the plane came from, where it was flying, where it was built, or even the country that designed it. These States get a chance to read and respond. That’s how it works under Annex 13 — it’s basically a rule that says you must invite feedback.If someone raises a good point or spots something off, the investigators don’t ignore it. They might even need to look for more details before finishing the report.
Approval and Publication of Final Report
When everyone’s done reviewing and updating, the draft is sent to the DG of AAIB. He checks everything — the facts, the structure, the feedback — and if it’s all in order, he gives the final green light. Once accepted, the report is made publicly accessible, usually through the AAIB website. A copy is also sent to DGCA and the regulatory bodies of relevant States for implementing the safety recommendations.Additionally, the report is shared with the State of Registry, Operator, Design, Manufacture, and ICAO in compliance with ICAO Annex 13.
Preservation of Evidence: The operator and the airport are required to secure the crash site and preserve flight recorders and wreckage.
Preliminary Report: A factual summary is to be released within 30 days.10
Final Report: To be issued preferably within 12 months of the occurrence, comprising findings, analysis, and safety recommendations.
Confidentiality and Legal Protection
- To ensure that crew and operator testimony is candid and cooperative:
- Cockpit voice recordings, personal interviews, and internal notes are protected from public disclosure.
Challenges in Implementation
- Although the Rules are well-drafted, there are still some problems:
- Delays in completing investigations.
- Shortage of trained investigators.
- Lack of coordination between agencies.
- Limited public awareness about safety reports.
Suggestions for Improvement
- To make the Rules more effective, the following steps are suggested:
- Increase funding and training for the AAIB.
- Set up regional offices for faster response.
- Use modern technology in investigations.
- Create awareness campaigns on aviation safety.
Case Law
- Indian Airlines Ltd. v. Madhuri Chowdhury (2006) 4 SCC 731[6]
Related to the Patna air crash in 2000.The Court stressed that compensation to victims must not wait for investigation results and highlighted the need for quick and fair investigation
- Jt. Director General of Civil Aviation v. UOI, 168 DLT 641 (Del HC)
This case clarified that the DGCA cannot act as both regulator and investigator
and supported the idea of forming an independent body like AAIB.
Air India Express Crash – Mangalore
After 158 people died in the crash, a PIL was filed seeking accountability. The Court emphasized the need for an impartial and well-trained investigation agency.
Conclusion
The Aircraft (Investigation of Accidents and Incidents) Rules, 2017, are a major step forward for aviation safety in India. They help create a transparent, independent, and professional system to investigate accidents. With better implementation, training, and public support, these Rules can play a vital role in making Indian skies safer for everyone.
[1] Aircraft Act 1934
[2] Aircraft (Investigation of Accidents and Incidents) Rules, 2017
[3] Annex 13 to the Convention on International Civil Aviation – Aircraft Accident and Incident Investigation, ICAO
[4] Civilaviation. Gov. in
[5] Aaib. Gov. In
[6] India kanoon. Com
