This article is written by Amna Kabeer, student at the University of Calicut with a strong interest in the aviation sector. Passionate about simplifying complex legal developments, she aspires to build a career in aviation industry. For any feedback or queries, feel free to reach out to us through our official channel.
The Bharatiya Vayuyan Adhiniyam, 2023 replaces older laws like the Aircraft Act, 1934. It integrates modern aviation safety rules and aligns with global practices. It works alongside the Civil Aviation Requirements (CARs) and Drone Rules, 2021, allowing DGCA to enforce accountability.
India enforces strict penalties for aviation safety violations under the Bharatiya Vayuyan Adhiniyam, 2023 and associated rules. The Directorate General of Civil Aviation (DGCA) monitors compliance and imposes penalties on airlines, airports, drone operators, and individuals.
Non-compliance with Safety Protocols
Under Section 10 and related safety provisions of the Adhiniyam, airlines must ensure their pilots and crew meet mandatory qualifications. Operating flights without ensuring pilot recency or proper crew rostering invites fines of up to ₹30 lakh. For example, Air India was fined ₹30 lakh for allowing a pilot to operate a flight without completing the required take-offs and landings.
Violations of Duty Time Regulations
Section 14 of the Adhiniyam covers duty time limitations. Airlines must comply with flight duty norms to prevent crew fatigue. Failure to allow adequate rest, especially before long-haul flights, can result in fines. Air India faced an ₹80 lakh penalty for breaching these norms multiple times.
Operating with Unqualified Crew
Section 16 penalizes airlines that deploy crew not certified for specific operations. Violations of this nature may attract fines close to ₹1 crore. The Directorate General of Civil Aviation (DGCA) fined Air India ₹98 lakh for assigning a trainee pilot with a non-training captain. It also imposed additional penalties of ₹6 lakh and ₹3 lakh on the responsible officials.
Repeated or Severe Violations
Section 22 of the Bharatiya Vayuyan Adhiniyam empowers DGCA to suspend or cancel licenses. If an airline, airport, or personnel repeatedly violates safety rules, the DGCA may suspend flight operations, crew licenses, or airport approvals.
Drone Regulation Violations
The Adhiniyam, along with the updated Drone Rules, 2021, mandates permits for all drone operations. Operating drones without authorization, flying in restricted areas, or exceeding altitude limits can attract fines. Individuals face penalties between ₹1,000 and ₹50,000. Organizations may be fined ₹10,000 to ₹2 lakh. In some cities, drones are banned in sensitive zones, and violations can lead to equipment confiscation.
Types of Penalties Imposed
The DGCA imposes monetary fines, ranging from ₹1 lakh to over ₹1 crore, based on the severity of the violation. It can suspend or cancel licenses of pilots, airlines, or airports. For repeated lapses, the DGCA may enforce operational restrictions, such as reducing the number of permitted flights.
Before imposing major penalties, the DGCA often issues show-cause notices to the parties involved. This provides an opportunity to respond or rectify the breach. In cases involving misconduct or negligence, disciplinary action may include fines against senior managers or suspension of their duties.
Recent Cases
- Air India faced multiple penalties: In August 2024, the DGCA fined Air India ₹90 lakh for operating a Mumbai-Riyadh flight with an unqualified crew. Additionally, the airline’s Director of Operations and Director of Training were fined ₹6 lakh and ₹3 lakh, respectively, for their roles in the incident.
- In March 2024, Air India was fined ₹80 lakh for breaching flight duty time limitations and fatigue management systems for its flight crew.
- SpiceJet encountered several violations: In January 2024, the DGCA fined SpiceJet ₹30 lakh for failing to deploy CAT III trained pilots during foggy conditions, leading to flight diversions.
- In August 2024, SpiceJet was placed under enhanced surveillance due to past records and findings from a special audit.
- The Bureau of Civil Aviation Security (BCAS) fined IndiGo ₹1.2 crore in January 2024 for security lapses during passenger handling amid fog-related flight diversions.
- In 2023, the DGCA imposed a ₹30 lakh fine on IndiGo after it suffered four tail strikes on its aircraft.
- The Directorate General of Civil Aviation (DGCA) fined Akasa Air ₹30 lakh in October 2024 for alleged training deficiencies.
Conclusion
India’s aviation sector is under strict surveillance following the implementation of the Bharatiya Vayuyan Adhiniyam, 2023. The DGCA now exercises stronger enforcement powers to ensure passenger safety, crew compliance, and operational discipline. Repeated safety breaches and negligence by airlines, airports, and drone operators result in hefty fines, license suspensions, and operational curbs. Major players like Air India, SpiceJet, IndiGo, and Akasa Air have all faced serious penalties in recent times. The clear message is this: aviation safety cannot be compromised. Airlines and stakeholders must prioritize compliance, training, and operational integrity to avoid penalties and ensure safe skies for all.
