The drone regulations require the operator to ensure that privacy standards of any entity or organisation are not

breached.
Apart from the limited mention of privacy in the regulations, there are no specific rules or regulations that govern personal
data privacy or IP protection with regard to drones. There are, however, regulations regarding privacy under the general

laws of the country governing IP and privacy. India is yet to frame its privacy legislation It is extremely imperative for
both the central and state governments to take up a more proactive role towards ensuring a concrete
and comprehensive set of laws for drones which would also comply with the international standards of
governance. This would ultimately pave the way for an efficient legal and regulatory framework that
would take into consideration the evolving nature of drones and accommodate the various features for
safety and security as may be necessary.

General Rules for Flying a Drone in India

All drones except those in the Nano category must be registered and issued a Unique
Identification Number (UIN).

A permit is required for commercial drone operations (except for those in the Nano category
flown below 50 feet and those in the Micro category flown below 200 feet).

Drone pilots must maintain a direct visual line of sight at all times while flying.

Drones cannot be flown more than 400 feet vertically.

Drones cannot be flown in areas specified as “No Fly Zones”, which include areas near airports,
international borders, Vijay Chowk in Delhi, State Secretariat Complex in State Capitals,
strategic locations, and military installations.

Permission to fly in controlled airspace can be obtained by filing a flight plan and obtaining a
unique Air Defense Clearance (ADC)/Flight Information Center (FIC) number.

Furthermore ‘recreational use of micro and Nano drones has also not been defined in the
legislation. This may further become a huge risk for national security. Perhaps the most alarming
issue arising out this issue is the legal liability that would arise out of drone related incidents. In
an event of an accident or collision, it would be extremely difficult to ascertain and infer whether
the device malfunctioned or whether it was incorrectly handled by the pilot.
. A deeper examination of UAV activity, its real world impacts, and its qualitative difference
from manned passenger aircraft operations is immediately required to identify the real loopholes
and impingement of proprietary, reputational, and safety interests by such activity. It is not
advisable to leave these concerns to courts to adjudicate on a case-by-case basis as regulatory
ambiguity can disincentivize innovators.

Need for more clarity

Since Indian cities are growing vertically, having nano drones flying around without much
regulation may lead to the invasion of privacy. They may also be misused for unethical
activities such as corporate espionage, trespassing, surveillance, unauthorised photography
and burglary.

India has witnessed several instances of unidentified drone activity in recent years. Operations
at the Indira Gandhi International Airport in Delhi were suspended for about 40 minutes on
August 20, 2017, after a pilot spotted a drone nearby. There was a similar scare on July 25,
2018, and again on August 9. Earlier, in December 2017, there had been four episodes in 14
days of unidentified flying objects disrupting operations at the Delhi airport.

Is the government equipped to deal with such emergencies, which could increase in number and
frequency now that some drones can be operated without restriction?

Ways to address privacy concerns Ideally, the rule-based model would have worked better. To do so, the
ministry should have begun with delineating the kind of harms in play here. The first set of harms are
traditional privacy risks, which stand exacerbated because of the unique features of drone technology.
When fitted with a high-resolution camera and miniaturised recording devices, drones are capable of
serious intrusion into private spaces without the knowledge or consent of the individual subject to such
surveillance. Apart from clear guidelines on the kind of operations for which drones may record visual
feed and the format in which such feed may be stored, it would also serve well to introduce some
criminal liability for intentional privacy intrusions. Considering the absence of a robust privacy tort in
India that guarantees hefty monetary compensation to violated individuals, these measures are
essential to bolster confidence in the technology. Additionally, there are new age informational privacy
risks associated with the technology on account of the ubiquitous data gathering and processing that it
facilitates. To address the same, citizens need a privacy dashboard that keeps them informed of
impending drone operations as well as gadgetry fitted in these drones. A personal data protection
framework must also adequately address profiling and other concerns arising from similar technologies.
Finally, we must also develop safeguards against community privacy risks as governments increasingly
resort to these technologies in the context of law enforcement and counterterrorism. In short, the
choice between rule-based and outcome-based models depends heavily on the risks we are talking
about. Any technology regulation must use this as the starting point before zeroing in on either of these
models or when applying a hybrid of the same for different kinds of risks. This must be followed by a
suitability assessment and a regulatory impact assessment before finally opting for any particular
regulatory design.

I ND IA D RO NE RE GU LA TI ON S
According to India’s national aviation authority, the Ministry of Civil Aviation, flying a drone is legal in
India, but we recommend being aware of and compliant with the drone regulations listed below before
doing so.
India’s Directorate General of Civil Aviation announced the country’s first Civil Aviation Requirements
(CAR) for drones on August 27, 2018 to go into effect December 1, 2018. Read the full ruling here
(Section 3–Air Transport, Series X, Part I).

Special Travel Considerations

Foreigners are currently not allowed to fly drones in India. For commercial purpose, they need to lease
the drone to an Indian entity who in-turn will obtain Unique Identification Number (UIN) and UAOP from
DGCA.

If you’d like to contact the Ministry of Civil Aviation directly before you travel with any questions you might
have, here is their contact information: Ajay Yadav, Deputy Secretary, a.yadav@ias.nic.in / +91 011-
2463-2950

General Rules for Flying a Drone in India

Based on our research and interpretation of the laws, here are the most important rules to know for flying
a drone in India.

o All drones except those in the Nano category must be registered and issued a Unique
Identification Number (UIN).

o A permit is required for commercial drone operations (except for those in the Nano category flown
below 50 feet and those in the Micro category flown below 200 feet).

o Drone pilots must maintain a direct visual line of sight at all times while flying.
 o Drones cannot be flown more than 400 feet vertically.

o Drones cannot be flown in areas specified as “No Fly Zones”, which include areas near airports,
international borders, Vijay Chowk in Delhi, State Secretariat Complex in State Capitals, strategic
locations, and military installations.

o Permission to fly in controlled airspace can be obtained by filing a flight plan and obtaining a
unique Air Defense Clearance (ADC)/Flight Information Center (FIC) number.

Drone Categories in India

Registration is required for all but the Nano category.

o Nano: Less than or equal to 250 grams (.55 pounds)

o Micro: From 250 grams (.55 pounds) to 2kg (4.4 pounds)

o Small: From 2kg (4.4 pounds) to 25kg (55 pounds)

o Medium: From 25kg (55 pounds) to 150kg (330 pounds)

o Large: Greater than 150kg (33 pounds)

Required Drone Equipment in India

Also worth noting is that India has specific requirements regarding the types of features a drone must
have to be flown in India (excluding those in the Nano category). These mandatory requirements include:

o GPS

o Return-to-home (RTH)

o Anti-collision light

o ID plate

o A flight controller with flight data logging capability

o RF ID and SIM/No Permission No Takeoff (NPNT)

India’s No Permission, No Takeoff Policy

Before every single flight, drone pilots are required to request permission to fly via a mobile app, which
will automatically process the request and grant or reject it. India is calling their system “No Permission,
No Takeoff” (NPNT). If a drone pilot tries to fly without receiving permission from the Digital Sky Platform,
he or she will simply not be able to takeoff.
All drone operators will register their drone and request permission to fly for each flight through India’s
Digital Sky Platform. The Digital Sky Platform and further details will be available on the  DGCA
website from December 1, 2018.
For more information on India’s drone laws, see this document from the DGCA website.

General framework
Basic rules and regulators
What basic rules govern the operation of remotely piloted aircraft and unmanned aircraft (drones) in your
jurisdiction? Which regulatory bodies are charged with enforcing these rules?
Remotely piloted aircraft (RPAs) and unmanned aircraft (drones) are governed by the Civil Aviation Requirements (CAR)
issued by the Directorate General of Civil Aviation (DGCA) from time to time. At the time of drafting, the relevant regulations
that deal with RPAs and unmanned aircraft are (i) CAR section 3 - Air Transport Series - X Part 1 Issue I dated 29 August
2018; (ii) AIP Supplement 164 of 2018 issued by the Airports Authority of India dated 30 November 2019 and (iii) the DGCA
RPAS Guidance Manual issued on 3 June 2019 by the DGCA.
The DGCA is the regulatory body charged with enforcing the above-mentioned rules.
What are the penalties for non-compliance with the laws and regulations governing drones?
In the case of violation of the CAR, the following penalties may be imposed: an operator’s unique identification number (UIN)
or unmanned aircraft operator permit (UOAP) issued by the DGCA may be suspended or cancelled.
Breach of compliance to any of the requirements of the CAR and falsification of records or documents may attract penal
action, including imposition of penalties as per the Indian Penal Code 1860 (IPC), which includes but is not limited to:

 section 287: negligent conduct with respect to machinery (carrying a maximum sentence of imprisonment that may
extend to six months or a fine that may extend up to 1,000 Indian rupees, or both);

 section 336: act endangering life or personal safety of others (carrying a maximum sentence of imprisonment that
may extend to three months or a fine that may extend to 250 rupees, or both);

 section 337: causing hurt by an act endangering the life or personal safety of others (carrying a maximum
sentence of imprisonment that may extend to six months or a fine that may extend to 500 rupees, or both);

 section 338: causing grievous hurt by an act endangering the life or personal safety of others (carrying a maximum
sentence of imprisonment that may extend to two years or a fine that may extend to 1,000 rupees, or both); or

 any other relevant section of the IPC.

Penalties for contravention or failure to comply with any rules or directions issued under Rule 133A of the Aircraft Rules
1939 (the rule under which CARs are issued), are punishable to the extent of imprisonment for a term not exceeding six
months or a fine not exceeding 200,000 rupees or both.

Classification
Is there any distinction between public and private drones, as well as between leisure use and commercial use?
As such there is no distinction between public and private drones; however, there is a distinction in the process for obtaining
a UIN depending on whether the operator of the drone is a public or private entity. To illustrate this further, drones owned
wholly by the central or state government or by any company or corporation owned and controlled by either the central or
state governments are exempted from obtaining security clearance from the Ministry of Home Affairs. Further, specific
intelligence wings of the government such as the National Technical Research Organisation, Aviation Research Centre and
Central Intelligence Agency are completely exempt from having to obtain a UIN or an unmanned aircraft operator permit
(UAOP).
Further, there is no specific distinction between drones for commercial or leisure use; however, there is a clear distinction
between the requirement of having to obtain an UOAP for drones that are usually used for commercial use and for drones
that are usually used for leisure. An example is that operators of nano drones (see question 4 for classification of drones
according to weight) operating below 15.24 metres above ground level (AGL) in uncontrolled airspace or enclosed premises
and operators of micro drones operating below 60.96 metres AGL in uncontrolled airspace or enclosed premises do not
require a UOAP, while all small, medium-sized and large drones require the operator to obtain a UOAP. Further, there is
also a distinction in the requirement for remote pilot training - while drone pilots operating drones in the nano or micro
category in uncontrolled airspace do not require formal ground or practical remote pilot training, remote pilots of all other
categories of drones are required to complete fairly rigorous ground training following by practical training.

Is there a weight-based classification system for drones resulting in the application of different rules?
Drones are classified on the basis of weight as below:

 nano: less than or equal to 250g;

 micro: greater than 250g and less than or equal to 2g;

 small: greater than 2kg and less than or equal to 25kg;

 medium: greater than 25kg and less than or equal to 150kg; and

 large: greater than 150kg.

There are also clear and distinct differences in the rules applied to different drones.
UIN and UOAP requirements
Nano drones operating under 50ft in uncontrolled airspace or enclosed premises are exempted from obtaining a UIN, while
nano and micro drones operating below 50 and 200ft respectively, are exempt from obtaining a UOAP.
Remote pilot training requirements
Pilots of nano and micro drones intending to operate in uncontrolled airspace are exempt from the requirements of remote
pilot training. All others, falling in any other category, except for the categories mentioned hereinabove, are required to
obtain UINs, UOAPs and such remote pilots are also required to fulfil the requirements of the remote pilot training.
Security and safety requirements
Operators of nano drones need not notify any incident or accident to the concerned authority, while all other operators must
do so.
Equipment requirements
Nano drones intending to operate up to 50ft in uncontrolled airspace or enclosed premises are exempt from mandatorily
being equipped with features such as a global satellite system (GNSS); autonomous flight termination system or return to
home options; flashing anti-collision strobe lights; app-based real-time tracking; fire-resistant identification plates with the
UIN inscribed; and flight controllers with data logging capability.
Operating requirements
Nano drone operators need not obtain permission before undertaking a flight, while all other categories must mandatorily
obtain permission through the online app-based Digital Sky platform. Further, nano and micro drones intending to operate
up to 15.24 metres and 60.96 metres in uncontrolled airspace or enclosed premises respectively need not file a flight plan
24 hours before actual operations and also are not required to obtain air traffic control (ATC) and air defence clearance.
Nano drone operators operating below 15.24 metres are exempted from informing the local police office concerned in writing
prior to commencing operations.
Minimum standard for manufacturing of RPAs requirements
Nano drones are exempt from the requirement of the drone manufacturer providing a certificate of compliance to the DGCA.
Is there any distinction between completely autonomous drones and remotely piloted drones?
The CAR applies to RPAs and autonomous aircraft alike. The CAR specifically states that both RPAs and autonomous
aircraft are various sub-sets of unmanned aircraft that are operated with no pilot on board. As such, there is no distinction
between completely autonomous drones and remotely piloted drones.
Design and manufacture
Registration
Do specific rules regulate the design and manufacture of drones in your jurisdiction?
The CAR provides for extensive rules regulating the design and manufacture of all drones apart from nano and micro
drones. These are contained in an annexure to the CAR (Annexure XIV) and regulate items such as all-up weight, wing
span and rotor diameter, stall speed, cruise speed, range, endurance, operational altitude, ceiling height, propeller speed,
powerplant, payload, shock absorbing mechanisms, type of data link used for communication, type of material for
construction, fabrication method, structural protection against deterioration or loss of strength, compliance with the Digital
Sky platform specifications for No Permission - No Take-Off (NPNT), GNSS receivers for horizontal and vertical position
fixing, geo-fencing capabilities, autonomous flight termination system or return to home function, flashing anti-collision strobe
lights, RFID and GSM sim card, flight controller with flight data logging capability, ADS-B equipment, etc.
The CAR states that in relation to nano and micro categories of drones, the minimum standards for manufacturing as
envisaged by the designer or original equipment manufacturer, shall be considered. Furthermore, for all other categories of
drones, the manufacturer is also to provide a certificate of compliance along with NPNT compliance to DGCA.
The Guidance Manual further clarifies the matter by stating that a manufacturer should develop and ensure that their drones
meet the minimum standards specified in the CAR, and should also carry out necessary tests as may be required on the test
sites specified by the government.
Manufacturing authorisation
Must drone manufacturers obtain any licences or other authorisation to carry out their business? Are
manufacturers subject to any other specific rules?
At the moment, apart from the manufacturing requirements set out in question 4, no other licence or authorisation is required
for drone manufacturers to carry out their business. No other specific rules apply.
Product liability
Do general product liability rules (or other specific liability rules) apply to the manufacture of drones?
The CAR and other rules and regulations issued by the DGCA do not specifically deal with product liability; however, India
has other laws that deal with liability for manufacturing or defective goods such as the Consumer Protection Act, 1986, other
statutes and the general application of the Law of Torts.
Registration and identification
Registration
Must drones be registered in a specific national registry? If so, who is entitled to register drones and what
requirements and restrictions apply? Is the registry organised as an operator registry or an owner registry?
All applicants, except those in the nano category, will have to apply to the DGCA to obtain a UIN, which will be valid for a
particular make and model of RPA and any changes to it will have to be communicated to the DGCA and other concerned
authorities.
Requirements for issue of UIN
A UIN will be granted to those persons, if the RPA is wholly owned by:
1. a citizen of India; or
2. the central or any state government or any company or corporation owned or controlled by either of the said governments;
or
3. a company or a body corporate provided that:

 it is registered and has its principle place of business in India;

 its chairman and at least two-thirds of its directors are citizens of India; and;

 its substantial ownership and effective control is vested in Indian nationals; or

4. a company or corporation registered elsewhere than in India, provided that such company or corporation has leased the
RPA to any organisation as mentioned in point (2) or (3) above.
Documents required for registration of UIN
An applicant who is eligible as per the provisions laid down by the DGCA must submit a duly filled application along with
requisite documents through the Digital Sky platform (CAR Series X Part I, section 3, paragraph 6.2 - Air Transport issued
on 27 August 2018, effective from 1 December 2018) and must provide the following information:

 contact details of owners or lessee with a valid CIN, GSTIN or PAN card;

 purpose and base of operation;

 specification of the RPA;

 weight of compatible payload and maximum load carrying capacity of the RPA;

 RPA flight manual or manufacturer’s operating manual (as applicable);

 manufacturer’s maintenance guidelines for the RPA (as applicable);

 manufacturer’s certificate of compliance with NPNT;

 ETA from WPC Wing, Department of Telecommunication for RPA; and

  security clearance (not older than five years from the date of application) for all - from the Ministry of Home Affairs
(MHA) except in case of central government or state government or any company or corporation owned or
controlled by either of the said governments.

In the case of a citizen, he or she may either obtain security clearance from the MHA or submit self-attested copies of at
least two of three valid identity proofs such as passport, driving licence or Aadhaar card. And in the case of foreign remote
pilots employed by Indian entities, the DGCA (except in the case of central or state governments or any company or
corporation owned or controlled by them) shall forward the documents for security clearance to the security agencies in
accordance with procedure being followed for foreign aircrew temporary authorisation in relation to airline pilots.
Requirements for issue of UAOP
Except for (i) nano category RPAs operating below 50ft in uncontrolled or enclosed airspace and (ii) micro RPA operating
below 200ft in uncontrolled or enclosed airspace with prior intimation to the local police, all civil RPA operators require a
UAOP. This would mean that nano and micro category RPAs (ie, RPAs weighing less than or equal to 2kg) shall not be
required to obtain UAOP (CAR Series X Part, I section 3, paragraph 7 - Air Transport issued on 27 August 2018, effective
from 1 December 2018).
Other civil RPAs (except as mentioned in the preceding paragraph) are required to submit an application along with the
requisite fee for issuance of UAOP (Annexure VI) with the DGCA at least seven working days prior to actual commencement
of operations, along with several documents as listed in Annexure VI of the CAR.
The UAOP will be issued by the DGCA within seven working days provided all the documents are complete. Such UAOP
shall be non-transferrable and will be valid for a period of five years from the date of issuance. Further, a copy of UAOP shall
be, for their information, provided to the MHA, Bureau of Civil Aviation Security (BCAS), Indian Air Force, Air Traffic Services
providers and the District Administrator (Superintendent of Police).
In the case of RPAs taken on lease by an Indian entity from a foreign entity, the UOAP shall only be issued to the Indian
organisation. The renewal of UAOP shall be subject to fresh security clearance from the MHA.
Identification
Are drones identified through a marking system similar to that used for manned aircraft?
All RPAs (except for nano category intending to operate up to 15 metres AGL in uncontrolled airspace or enclosed
premises) are identified through an UIN inscribed on a fire-resistant identification plate. The marking system used for
manned aircraft is not used here.
Certification and licensing
Basic requirements and procedures
What certificates or licences are required to operate drones and what procedures apply?
As stated above, a drone must have been issued a UIN by the DGCA while all operators, apart from nano and micro drone
operators, must obtain a UAOP from the DGCA. The training requirements are also applicable, as mentioned herein in
question 4.
The detailed procedure is reproduced in question 9.
Taxes and fees
Are certification and licensing procedures subject to any taxes or fees?
The various fees payable by an applicant are as follows:

 for grant of UIN - 1,000 Indian rupees;

 for a grant of UAOP - 25,000 rupees; and

 for renewal of UAOP - 10,000 rupees.

Eligibility
Who may apply for certifications and licences? Do any restrictions apply?
With the exception of foreign nationals, all others can apply for grant of a UIN. The CAR states that the following persons
can apply for UIN:
1. a citizen of India; or
2. central government or any state government or any company or corporation owned or controlled by either of the said
governments; or
3. a company or a body corporate provided that:

 it is registered and has its principal place of business within India;

  its chairman and at least two-thirds of its directors are citizens of India; and,

 its substantial ownership and effective control is vested in Indian nationals; or

4. a company or corporation registered elsewhere than in India, provided that such company or corporation has leased the
RPAs to any organisation mentioned in point (2) or (3) above. In the case of point (4), the UIN will be issued in the name of
the Indian company.
Remote pilot licences
Must remote pilots obtain any certifications or licences to operate drones? If so, do the relevant procedures differ
based on the type of drone or operation?
Operators of nano drones below 15.24 metres AGL in uncontrolled airspace or enclosed premises and operators of micro
drones operating below 60.96 metres AGL in uncontrolled airspace or enclosed premises do not require a UOAP while all
small, medium and large drone operators require a UOAP. Further, there is also a requirement for remote pilot training -
while drone pilots piloting drones in the nano or micro category in uncontrolled airspace do not require formal ground or
practical remote pilot training, remote pilots of all other categories of drones are required to complete fairly rigorous ground
training following by practical training.
Foreign operators
Are foreign operators authorised to fly drones in your jurisdiction? If so, what requirements and restrictions apply?
Foreign nationals are not permitted to operate drones in India. There is, however, only one exception to the rule, that is,
foreign operators who are employed by Indian entities can operate in India; however, the DGCA shall forward their
documents for a rigorous security clearance to security agencies in accordance with the procedure being followed by pilots
giving the foreign aircrew temporary authorisation. In a practical sense, it is virtually impossible for foreign nationals to fly
drones legally in India.
Certificate of airworthiness
Is a certificate of airworthiness required to operate drones? If so, what procedures apply?
A certificate of airworthiness is not required for operation of a drone in India.
Operations and maintenance
One drone, one pilot
Does the ‘one drone, one pilot’ rule apply in your jurisdiction?
Yes, the CAR specifically prohibits the operation of more than one drone by a single remote pilot at the same time.
Maintenance
Do specific rules regulate the maintenance of drones?
The CAR, which regulates operations of drones in India, specifically provides that maintenance of the drone should be
carried out as per the approved procedures provided by the manufacturer. It also requires ground equipment to be
maintained as per the recommendations of the manufacturer.
Basic operational rules and restrictions
What rules and restrictions apply to flights performed in ‘visual line of sight’ (VLOS) and ‘beyond visual line of
sight’ (BVLOS)? Is there a distinction in this regard?
Under the present CAR, drone operations are only permitted within the VLOS although the DGCA has invited expressions of
interest from experts for conducting experimental BVLOS drone operations in India.
What rules and restrictions apply to critical and non-critical operations? Is there a distinction in this regard?
As of now, the regulations do not per se differentiate between critical or non-critical operations. As per the CAR, all drone
operations have to be done during daylight, and night operations are prohibited. However, if the drone is a nano or a micro
drone and the operations are being conducted in an enclosed area then they may be conducted at night.
Transport operations
Is air transport via drone (eg, cargo and mail) regulated in your jurisdiction? If so, what requirements, limitations
and restrictions apply?
As per the current regulatory framework, drones cannot be used for any such purpose.
Do any specific provisions governing consumer protection and tracking systems apply with respect to cargo and
delivery operations via drone?
Not applicable.
Insurance requirements
What insurance requirements apply to the operation of drones?
The regulations require drone operators to have third-party liability insurance. However, there is no minimum prescribed
amount that has to be insured. The amount of insurance cover is to be assessed by the operator himself or herself.
Safety requirements
What safety requirements apply to the operation of drones?
The following are the prescribed safety requirements that are applicable to the operation of drones in India.

 Before commencing a flight, a drone operator is required to carry out a safety risk assessment to include (i) hazard
identification, (ii) determination of severity and likelihood of hazard on the operation, (iii) mitigation measures to
reduce the risk identified, and (iv) verification of mitigation actions of the RPA operations including that of launch or
recovery sites. The site (including emergency operation zone and any safety zone for the operation of RPAs) shall
be under the full control of the operator.

 Designated safe areas should be established by the RPA operator for emergency RPA holding and flight
terminations.

 The take-off and landing areas should be properly segregated from public access.

 For operations in the controlled airspace, the remote pilot shall establish and maintain contact with ATC prior to
entering the controlled airspace.

 No person shall act as a remote pilot for more than one RPA operation at a time. If two or more persons are
available as remote pilots for a flight, at any given moment, there shall be only one person acting as a remote pilot
in command.

 RPAs shall, at all times, give way to manned aircraft.

 RPAs shall not discharge or drop substances unless specially cleared and this is mentioned in the UAOP.

 RPAs shall not transport any hazardous material such as explosives or animal or human payload.

 RPAs shall not be flown in a manner to cause danger to any person or property.

The regulations place the onus of safe custody and operations of a drone on the operator, who is required to report the loss
of any drone to the local police, the DGCA and the BCAS. If the drone is damaged beyond repair, the same needs to be
intimated to the DGCA. The operator of the drone is also required to ensure the optimal safety of the ground control station.
Lastly, it is the responsibility of the operator to ensure that a BCAS-approved security programme is followed before each
flight.
Airspace
Air traffic control
How is air traffic control regulated in your jurisdiction? Which authority provides air traffic control services for
drones?
Air traffic in India is jointly regulated by the DGCA and the Airports Authority of India, although in the future it is expected that
the DGCA shall be the sole regulator of air traffic in India. The air traffic services are, in general, provided by the Airports
Authority of India with regard to drones, except for nano and micro drones, which are intended for operation within 15.24
metres and 60.96 metres in uncontrolled airspace respectively. All drone operators intending to operate in controlled
airspace are required to establish and maintain contact with the nearest ATC unit. As such, ATC services for drones are
provided by the Airports Authority of India.
Restrictions
Are there any airspace restrictions on the operation of drones?
Drones can fly only up to an altitude of 121.92 metres and cannot enter restricted airspace.
Take-off and landing
Must take-off and landing of drones take place in specific areas or facilities?
The regulations do not prescribe any particular area or facility for the take-off or landing of drones. The only requirement that
has been mandated is that drones should take off and land at places that are segregated from public access.
Liability and accidents
Cargo liability
Are there any specific rules governing the liability of drones for losses or damage to cargo?
As drones are not permitted to be used for cargo operations, there are no rules governing this aspect.
Third-party liability
Are there any specific rules governing the liability of drones for damage to third parties on the surface or in the air?
Apart from the requirement for each drone operator to have valid third-party liability insurance cover, there are no
specific rules that govern liability of drones for damage caused to a third party. The rules provide that it shall be the
responsibility of the drone operator to ensure that the drone remains clear of all manned and unmanned air traffic.
Further, it requires the drone to be operated in a manner that poses no danger to any person or property.
Accident investigations
How are investigations of air accidents involving drones regulated in your jurisdiction?
The regulations mandatorily require the operator of a drone to report any incident or accident involving the drone to the
Director of Air Safety, DGCA. The DGCA in turn has to inform the Indian Air Force and the Airports Authority of India. The
DGCA, being the authority tasked with the safety and registration of drones, is the regulator tasked with investigating air
accidents involving drones. However, as this technology is fairly new, there would be a tremendous amount of support from
both the Indian Air Force and Airports Authority of India in such an accident investigation.
Accident reporting
Is there a mandatory accident and incident reporting system for drone operators in your jurisdiction?
Yes, operators of all drones except nano drones are mandatorily required to report any incident or accident to the Director,
Air Safety or the DGCA. The reporting has to be done via the Digital Sky platform and in a particular format that has been
provided in the CAR.
Safety management and risk assessment
Are drone operators required to implement safety management systems and risk assessment procedures within
their organisation?
The regulations require the operator of a drone to establish a standard operating procedure, which shall encompass various
aspects associated with the safety of the drone, including safety management and risk assessment. The regulations
specifically require the operator to carry out a risk assessment of drone operations, including of take-off and landing sites.
Ancillary considerations
Import and export control
Do specific import and export control rules apply to drones in your jurisdiction?
Yes, the regulations do govern imports of drones in India as drones are included in the ‘restricted’ list of items that may be
imported into India, which means that without prior approval, no drone may be imported into the country. Before an operator
can import a drone into India he or she must obtain an equipment type approval from the Department of Telecommunication
for operating the drone on a delicensed frequency band. Once the approval is granted, the operator has to then approach
the DGCA to obtain an import clearance. Once the import clearance is granted an applicant must approach the Director
General of Foreign Trade for the issuance of an import licence. Thereafter, on the grant of the import licence, the drone may
be imported into India.
Data privacy and IP protection
How are personal data privacy and IP protection regulated in your country with specific reference to drone
operations?
The drone regulations require the operator to ensure that privacy standards of any entity or organisation are not breached.
Apart from the limited mention of privacy in the regulations, there are no specific rules or regulations that govern personal
data privacy or IP protection with regard to drones. There are, however, regulations regarding privacy under the general
laws of the country governing IP and privacy. India is yet to frame its privacy legislation.
Update and trends
Sector trends and regulatory developments
Which industry sectors have seen the most development in the use of drones in your jurisdiction and which
sectors are expected to see further development in future? Have there been any notable recent regulatory
developments relating to drones?
Sector trends and regulatory developments35 Which industry sectors have seen the most development in the use of drones
in your jurisdiction and which sectors are expected to see further development in future? Have there been any notable
recent regulatory developments relating to drones?
Primarily, it is the military and defence sector that has seen the maximum application of drone technology, although sectors
such as agriculture and infrastructure are catching up. However, as the regulations do not permit BVLOS operations, the full
potential of drone technology has not been exploited. The CAR is intended to be amended in the near future to cater to the
dynamic industry and to expand the ambit of the regulations to give a boost to the industry as a whole.
Called “No Permission, No Takeoff” (NPNT), operators need to request
permission to fly via a mobile app. If a drone pilot tries to fly without
receiving permission from the Digital Sky Platform they will not be able
to operate.

Many states in India have already shown interest in using drone and
artificial intelligence for agriculture and irrigation activities. One such
state is Maharashtra, which has signed an agreement with US based
drone firm, WeRobotics for using drone in agriculture sector. The state
believes that this will help farmers in land mapping and pesticide usage.
Outside of these applications, many universities are also working on
developing drones. Because it can be prohibitively expensive to do so,
local companies are also working on manufacturing drones to help meet
local needs. India’s first cheap drone for use in agriculture has
been developed by Lovely Professional University, which has developed
a drone costing less than $200.

In only one case can a drone operate without permission, and that’s
when they are flying a nano drone up to15 meters. The other four
categories of drones require specific permissions from RPAS. In these
instances, users will be required to ask for permission to fly through a
mobile app, and an automated process will permit or deny the request
instantly.

In April 2016, the DGCA prepared another set of draft guidelines on the
use of drones for civilian or recreational purposes and invited
suggestions and recommendations from different stakeholders for a
period of 21 days. Not too long after, the DGCA and Government of India
released the much-awaited National Drone Policy, 2018 version 1 (Drone
Policy) on 27 August 2018 and also announced the implementation of
policy that came into effect from 1 December 2018.
The Minister of State for Civil Aviation Jayant Sinha said that the Drone
Task Force is working on policy regulations for the future (Drone
Regulations 2.0.) which will allow for flying automated drones that
operate beyond the line of sight. This new policy will also regulate the
certification of safe and controlled operation of drone hardware and
software, airspace management through automated operations and the
establishment of global standards, along with a few other modifications.
Many believe that India really has the potential to be one of the biggest
beneficiaries of drone technology, given the challenges across
infrastructure, urban transportation, security surveillance, progress
monitoring etc. Only by working through the logistics and regulatory
challenges that the technology represents will these benefits be enabled
for the entire nation.
That India has great commercial potential for drones is no secret. Transporting human organs for
emergency medical services, aiding in agricultural irrigation and inspection, monitoring traffic, and surveying
construction sites are some examples that barely scratch the surface of possibilities associated with drones.
In fact, the industry value of unmanned aircraft systems (UAS) in India is projected to touch $885.7 million
by 2021, while the global market size is expected to reach $21.47 billion.

But if it comes to pass, Prateek Srivastava, Co-Founder & CEO of Terra Drone India, one of the first
100% indigenous drone companies in India, is confident that BVLOS will serve as a monumental game-
changer for the Indian drone industry. “It will not only open the skies to an array of new possibilities in the
field of surveying and geospatial mapping, but also aid national-scale operations, such as search and rescue
and public safety missions – a need of the hour.”

Ankit Mehta, Co-Founder & CEO, ideaForge Technology, is also positive that BVLOS will empower
enterprises to scale their operations far more efficiently. “A farmer can scan more of their field every day,
solar panel companies will be able to fly over large solar farms to detect any potential problems with a
specific panel and infrastructure companies will be able to create 3D models of any mining site as they
please,” says Ankit, whose drone company has already completed several defense and disaster management
projects in India.

The Directorate General of Civil Aviation (DGCA) has issued the Civil Aviation
Requirements (CAR), Section 3 - Air Transport Series X, Part I Issue 1, which was
released on 27 August, 2018. The CAR regulates the use of drones in the Indian
Airspace and these regulations provide process for obtaining Unique Identification
Number (UIN), Unmanned Aircraft Operator Permit (UAOP) and other operational
requirements including identification of civil drones and drone operators.

The drone operators are required to register their drones on the online portal
after which a Drone Acknowledgement Number (DAN) and an Ownership
Acknowledgement Number (OAN) will be issued online which will help in
validation of operations of drones in India.
“The details of the submission process can be obtained by visiting Digital Sky
portal at https//digitalsky deca gov.in All persons in possession of drones are
required to complete the process by 31" January 2020,” it said.
However, the DAN or OAN does not confer any right to operate drones in
India, if it does not fulfil the provision given in the CAR. Further, ownership of
drones in India without a valid DAN or OAN shall invite penal action as per
applicable laws. “This database will be used to process each case as per the
regulations by seeking further information required.”

What are drones?

Unmanned Aerial Vehicle (‘UAV’) also known as ‘drones’ have applications beyond
imagination. This explains the unprecedented pace of research and development in aerial
robotics.  UAVs are literally fl ying robots without a pilot on board. They are typically
controlled and guided through software(s) embedded in their system that works in
conjunction with onboard sensors and Global Navigation Satellite System. UAVs may be
classifi ed based on parameters such as fl ying mechanisms, degree of autonomy, size, range
and endurance.

Legal framework 
Drones are essentially devices used or capable of use for transmission or reception of
signals, and therefore would fall within the meaning of ‘telegraph’ under the Indian
Telegraphy Act, 1885 (‘1885 Act’). Consequently, following the provisions of the 1885 Act,
all prospective owners and users of drones would be required to obtain a license from the
Central Government. Certain categories of drones are exempted from the licensing regime
in terms of the Outdoor Use of Wireless Equipment (Exemption from Licensing Requirement)
Rules, 2007, made under the 1885 Act.   

The foregoing exemption from the licensing requirement has been granted only to wireless
equipment which operate in the frequency band of 5.825 to 5.875 GHz and Maximum Power
of Transmitter is 1 W (30 dbm) in spread of 10 MHz or higher and Maximum Eff ective
Isotropic Radiated Power is 4-Watt peak or 36 dbm.  

2.4 GHz and 5.8 GHz are the most common radio frequencies used by ‘quadcopters’ for
connecting the ground transmitter to the drone. If you are familiar with frequencies, then
you may already know that 2.4 GHz is the same frequency that wireless computer networks
work in. There have been several incidents reporting the loss of control over drones in
dense housing areas where there are too many wireless signals. This would explain why the
Government has allotted the frequency band of 5.825 to 5.875 GHz to ensure a safer fl ying
experience.  

Civil Aviation Requirements 

India’s Directorate General of Civil Aviation announced the country’s fi rst Civil Aviation
Requirements (‘CAR’) for drones on August 27, 2018 which came into eff ect on December 1,
2018. The CAR is issued under the provisions of Rule 15A and Rule 133A of the Aircraft
Rules, 1937 and lays down requirements for obtaining a Unique Identifi cation Number,
Unmanned Aircraft Operator Permit (‘UAOP’) and other operational requirements for civil
Remotely Piloted Aircraft System (‘RPAS’).
In the context of CAR, Remotely Piloted Aircraft is an unmanned aircraft which is piloted
from a remote pilot station. Civil RPAS is categorized in accordance with Maximum All-Up-
Weight (including payload) as indicated below:  

 Nano: Less than or equal to 250 grams. 

 Micro: Greater than 250 grams and less than or equal to 2 kg.  
 Small: Greater than 2 kg and less than or equal to 25 kg.  
 Medium: Greater than 25 kg and less than or equal to 150 kg.  
 Large: Greater than 150 kg.

Drones are permitted to be operated by operators who have attained at least 18 years of
age, passed secondary certifi cate exams and have undergone ground practical training.
DGCA has approved various fl ying training organizations which are authorized to provide
such ground practical training. The CAR do not permit the use of drones within 25
kilometers from international borders. They also prohibit operating of drones from mobile
platforms such as moving vehicles, ships or aircrafts.  

The CAR entails penal provisions for non-observance of the compliances thereunder and the
user may be booked for acts endangering the life and personal safety of others, causing
hurt by act endangering life and negligent conduct with respect to machinery.  

 In case of loss of the drone, the operator of the drone is required to notify the local police
offi ce. Further, in case of any accidents or incident involving the drone, the operator is
required to notify the DGCA. 

Applications for drones

 Drones have a wide array of applications and corporate giants like Amazon, Walmart
and Easyjet have also been known to use drones for increasing delivery turnaround
and effi ciency.  
 In India, drones are most commonly used for taking aerial pictures and videos.  
 Drones hey have been used for delivering items such as food and blood samples.  
 Coupled with technology such as laser technology to measure distance (LIDAR),
drones can help in surveying, studying and targeting things which are even more
distant that the range of the drones. 
 Medical uses of drones include quick transportation of life saving medicine and
organs. 
 Drones can help simplify the process of surveying land and oil, gas and mineral
exploration when used with electromagnetic sensors.  

Drones have great potential and if put to the right use can help in providing various kinds of
relief upon occurrence of natural or manmade disasters due to their ability to easily reach
remote areas. 

n 2014, India imposed a sudden ban on the use of civil drones. This came after a Mumbai based Pizzeria tried to use an unmanned vehicle to air-drop pizzas in its
vicinity. Such a knee jerk reaction did set back the emerging domestic drone industry by years, an opportunity well encashed by China. In the following years, the
ban was shown clearly impractical as imported drones being easily available both online and offline platforms as toys. It took four years for the government
agencies to start  seeing the flaws and missed opportunity, as in 2018, the Government of India came up with a regulatory policy regarding the use of drones.
Quite uniquely, India also has a ‘No Permission- No Takeoff’ (NPNT) clause. This means that the drone needs to be configured with a special software and/or
hardware in such a manner that unless the regulatory permission is given through Digital Sky Platform, the drone cannot fly. In other words, until the NPNT add-on
is implemented, no drone manufacturer should be able sell drones in India.

Air Space, UAV and Pilot, all need to be registered

Further to this, the Digital Sky platform has divided the airspace of India into three categories: Red, Yellow and Green. Red means “no fly zone” and includes
airspace near international borders, near airports and other strategic locations. Yellow is “restricted zone” which includes airspaces which require an Air Defence
Clearance/ Flight Information Centre (FIC) number from Air Traffic Control. Green is “unrestricted zone” ..
However, you still need to obtain permission from Digital Sky Platform to fly in this zone.

DGCA has also set forth a set of regulations which need to be complied by all the drone pilots of the country. A Unique Identification Number (UIN) which is similar
to the number plate of a car needs to be issued for all drones (except for nano category) from DGCA. This costs user Rs 1,000 and the number needs to be
engraved on a fire-resistant plate and pasted on the drone.

The pilot also needs to be certified. Pilot would need a Remote Pilot licence or an ‘Unmanned Aerial Operator Permit’ (UAOP) which cost Rs 25,000. The pilots
must be at least 18 years old and needs to undergo training before the UAOP is issued. And of course, even with all these licenses, Digital Sky can deny a drone
permission to fly at any given time with the NPNT rule.

Unmanned Aerial Vehicles (UAV), commonly known as Drones, are all set to be legal to fly in India
starting December 1. Owing to security reasons, the blanket ban imposed by the DGCA on October 7,
2014 is set to lift, encouraging development of emerging technology and investments in India.  In the last
few years, consumer interest has scaled with demand for aerial photography and wide range of
commercial applications in India’s B2B sector.

Civil Aviation Requirements (CAR) is the set of regulations issued by DGCA to be complied with by all
drone pilots in controlled and uncontrolled airspaces.  A Unique Identification Number (UIN), which is an
equivalent of a number plate will be required for all drones except drones in the Nano category.

You will also need an ‘Unmanned Aerial Operator Permit’ (UAOP) or Remote Pilot license costing about
Rs 25,000 if you are operating above 200 feet. National Technical Research Organization, Aviation
Research Centre and Central Intelligence Agency drone operators are exempted from this. Nano
category drones are exempted unless operating over 50 feet. The validity is for a period of five years and
non-transferrable. Permit renewals will cost Rs 10,000. 

The drone will require an insurance cover, which should be of an adequate amount to cover risks,
damages or other factors that are posed by operation.

All drones will need to be NPNT compliant (No permission – No Take off), a software program to enable
operators to obtain permissions prior to flying. OEM and Drone manufacturers such as DJI, Parrot, Autel,
Swellpro will need to comply with this requirement.

Recreational use – Do’s and Don’ts

A Flight plan will have to be logged through Digital Sky.

Drone operations are restricted to day and within visual line of sight. However, if you are shooting in well-
lit enclosed premises using a micro drone up to 200 feet above ground level, DGCA may authorize such
operations on a case to case basis, which would come with additional conditions.

Informing the local police 24 hours prior to flying is a must.

A distance of 25 km distance must be maintained from the international border, LOC and Line of Actual
Control.

A drone should not be operated within an area of 5 km from airports, 500 mts from perimeter of strategic
locations notified by Ministry of Home Affairs or from a perimeter of military installations/ facilities; within 5
km radius from Vijay chowk.

Foreigners are currently not allowed to fly drones in India. For commercial purposes, they need to lease
the drone to an Indian entity who in turn will have to obtain a UIN and UAOP from DGCA.
Penalty on Violation

Users risk cancellations or suspension of the UIN/UAOP if regulations are violated and will attract penal
action under relevant IPC sections 287, 336, 337, 338 under Aircraft Act 194 and Aircraft Rules.

The Government is working towards technologies to restrict or neutralize rogue drones that are not
registered.

The new drone policy has stirred excitement about the opportunities it could open up. Drones
can help reduce human intervention in sectors such as aviation. They can also be used to gather
precise spatial data, the lack of which has impeded India’s city planning and administration.

Such policies, however, must come armed with a precise safety and security framework and a
robust institutional and logistical set-up to ensure they are not misused. While the new drone
policy establishes an intricate system of application and approval procedures, it is lacking when
it comes to thorough monitoring of drones. It also ignores the implications of free movement of
smaller drones, which have been exempted from many of the regulatory procedures.

Drone operators have to ensure all mandated security measures are in place before each flight.
They cannot transport any hazardous material and must have insurance for any damage to a
third party. Violating the regulations could lead to their permits being suspended or cancelled.

The new policy, however, exempts certain categories of drones from such regulations. For
example, nano drones flying below 15 metres in uncontrolled airspace for commercial,
recreational, and research and development purposes are completely exempt. Their operators
do not even need to obtain a Unique Identification Number (UIN). For micro drones operating
below 60 metres, it is mandatory to inform the local police 24 hours before starting operations.
But there is no centralised monitoring mechanism to ensure this procedure is followed.

Issue 1

Need for more clarity

Since Indian cities are growing vertically, having nano drones flying around without much
regulation may lead to the invasion of privacy. They may also be misused for unethical
activities such as corporate espionage, trespassing, surveillance, unauthorised photography
and burglary.

India has witnessed several instances of unidentified drone activity in recent years. Operations
at the Indira Gandhi International Airport in Delhi were suspended for about 40 minutes on
August 20, 2017, after a pilot spotted a drone nearby. There was a similar scare on July 25,
2018, and again on August 9. Earlier, in December 2017, there had been four episodes in 14
days of unidentified flying objects disrupting operations at the Delhi airport.

Is the government equipped to deal with such emergencies, which could increase in number and
frequency now that some drones can be operated without restriction?
Then, there is the question of privacy. The new policy explains the privacy protocol in a single
line: “The remote pilot shall be liable to ensure that privacy norms of any entity are not
compromised in any manner.”

It does not provide for a mechanism to check whether the operators are adhering to the norms.
In fact, there’s not enough clarity about what the norms are, to begin with.

While the policy directs the operators to follow the regulatory checks, it does not outline an
automated mechanism to guarantee safe and secure operation at low elevations. The policy also
does not provide for a way to monitor how drones collect, use, store and share data.

It does not account for the rapid advances in artificial intelligence that could lead to unexpected
applications of drones. Further, it does not contain any arrangement for resolving the conflict
between rival drones operations. Unless there is more clarity about the operational mechanism,
vigilance, and privacy, the policy will remain feeble in terms of adaptability, usage and security,
hampering its overall vision.

India’s new drone policy can benefit from stricter rules on surveillance. In the United States,
several states have placed limits on drone-based surveillance, requiring some form of a warrant
from the police to operate drones. Rhode Island has proposed detailed legislation prohibiting
the use of drones for facial recognition or capturing any images.

Such measures, as well as a more comprehensive system for approving applications, renewing
permits, alerting the agencies concerned to deal with emergencies, and recording the history of a
vehicle, can strengthen the policy’s applications. This can help India use drones effectively for
not just aerial mapping but also in disaster management, traffic control, policing, security,
environmental studies, and agriculture.

Despite pressure from drone operators and law and order matrix in the country the preparation of drone
regulations through a Civil Aviation Requirement (CAR) has taken multiple years. The ministry justified
the delay by saying that drone technologies have been evolving very rapidly and many countries are still
experimenting with their drone regulations and no International Civil Aviation Organization (ICAO) rules
have been developed. But police and intelligence agencies have been reiterating that India's security
environment necessitates extra precautions.

Since law and order agencies were worried over unauthorised flights of drones and the threat they pose,
the rules have been created to prevent illegal operations and to ensure public safety. Any drone without a
digital permit to fly will simply not be able to takeoff. The unmanned traffic management will operate as a
traffic regulator in the drone airspace and will coordinate closely with the defense and civilian air traffic
controllers (ATCs) to ensure that drones remain on the approved flight paths.
The rules announced today are the first in the series and thus titled Regulations 1.0. These regulations will
enable the safe, commercial usage of drones starting early December.
Year 2019 kept a majority of stakeholders in the Indian drone ecosystem busy with the task of achieving new technical standards to
become compliant with the regulatory framework for drone operations, put forth by the Indian Government with effect from
December 1, 2018. In 2020, the Government seems to be determined to overcome the hurdles to enforcement of the regulatory
framework.

The regulatory framework for drones was issued by the Directorate General of Civil Aviation ("DGCA") on August 27, 2018 by way
of Civil Aviation Requirements (CAR), Section 3 – Air Transport Series X, Part I, Issue I ("Drone Regulations") for legalizing and
regulating the operation of drones for civil use in India. To liberalize the regime further and tap the potential uses of drones
especially for commercial purposes, the Ministry of Civil Aviation constituted a drone task-force under the chairmanship of Hon'ble
Minister of State for Civil Aviation. Accordingly, on the basis of the recommendations of the task force, the Drone Ecosystem Policy
Roadmap was released by the Ministry of Civil Aviation on January 15, 2019. 1 Subsequently, several new initiatives were launched
by the authorities focused towards capacity building of the drone ecosystem in 2019 and this trend continues in 2020. This update
brings to you the various drone ecosystem related developments in India, which may be of interest to the organizations doing or
looking to do drone-based business in India.

1. Invitation by DGCA for expressions of interest to conduct experimental BVLOS operations

On May 13, 2019 the DGCA had invited an expression of interest from consortia's willing and able to conduct experimental beyond
visual line of sight ("BVLOS") operations of remotely piloted aircrafts or drones in Indian airspace. By allowing companies to provide
proof of concept for the use of drone technology, the authorities adopted an evidence-based regulatory approach which can
potentially transform the drone industry by paving the way for regulations allowing more enhanced operations by drones. From
delivery of consumer products to delivery of medical supplies to surveillance of traffic, construction sites etc., companies from all
spheres applied to conduct such experimental operations under the supervision of the DGCA for development of new regulations for
this growing industry. As per news reports, we understand that a total of 34 applications were received by the DGCA but only seven
companies viz. Zomato, Swiggy, Tata Advanced Systems, Honeywell, Zipline, Dunzo and Redwing, were shortlisted to provide
additional technical details regarding their BVLOS application. However, this willingness shown by the DGCA and other concerned
authorities to incorporate use of drones in the civil aviation ecosystem of the country was welcomed by all.

2. National Counter Rogue Drone Guidelines

In 2019, the Ministry of Civil Aviation ("MoCA") also released the National Counter Rogue Drone Guidelines ("NCRD Guidelines")
with an aim to address the perceived law and order and national security issues that are anticipated due to unregulated and
unchecked operation of drones. The NCRD Guidelines aims to bring out the various counter rogue drone measures and guidelines
that can be deployed to address the relevant threats in an effective manner. The scope of the NDRD Guidelines includes:

 Laying out guidelines for assessing the drone threat

 Creating awareness about the various technologies involved in handling drone threat
 Ready reckoner for anti-drone measures
 Understanding multi-dimensionality of drone threats

Please click here to access the National Counter Rogue Drone Guidelines and feel free to reach out to us in case you have any
queries or you require any clarification.

3. Website launched for granting permission for aerial photography/ remote sensing survey

On January 6, 2020, Shri Rajnath Singh, the Minister of Defence of India launched Ministry of Defence ("MoD") No Objection
Certificate ("NOC") web portal www.modnoc.ncog.gov.in for undertaking aerial survey with the final permission of DGCA. The
portal will be used by various vendors engaged by state governments/public sector undertakings/autonomous bodies in seeking
NOC from MoD.

Through this initiative, the MoD will be able to reduce the time usually taken in issuing NOC and will ensure expeditious disposal of
applications for carrying out aerial survey and/ or remote sensing surveys.

4. One-time opportunity for voluntary disclosure of unregulated drones

Several instances of unmanned aircrafts or drones being operated in Indian airspace, without complying with the Drone Regulations,
have come to the notice of the Government. To facilitate the identification of such unregulated and non-compliant drones, the MoCA
has issued a public notice dated January 13, 2020 providing a one-time opportunity for their voluntary disclosure. This requirement
of voluntary disclosure is applicable on all drones, which includes models, prototypes, toys, radio-controlled aircraft, autonomous
and remotely piloted aircraft systems etc. Additionally, such drones can be enlisted without having to comply with the No-Permission
No-Takeoff (NPNT) requirement.

As per the notice, persons in possession of such non-compliant drones can submit the required information/ voluntary disclosure
through an online portal as available on https://digitalsky.dgca.gov.in/. The drone enlistment form for voluntary disclosure has two
parts. After uploading the drone owner's information, the owner will receive an Ownership Acknowledgement Number ("OAN").
Using the OAN, the owner will upload the drone-related information and will receive a Drone Acknowledgement Number ("DAN").
Each drone will require a fresh enlistment. Since a drone owner may have multiple drones, the owner shall use same OAN to enlist
all drones owned by him. A separate DAN will be issued for each drone. However, the DAN or OAN will not confer any right to
operate drone(s) in India, without fulfilling the requirements under the Drone Regulations. It is pertinent to note that the ownership of
drone(s) in India without a valid DAN or OAN shall invite penal actions as per applicable law. The deadline for all owners of drones
in India to complete the voluntary disclosure is 5 PM on January 31, 2020.

Conclusion

As one can appreciate, exciting times lie ahead, with drones no longer being looked at exclusively for military use but rather as a
game changing innovation for civilian use as well. Both consumers, organizations and now the Government see value in utilizing
drones. Also, as the drone regulations in India continue to evolve, drone-based businesses in India will have to keep up and
continue to evolve.

https://www.bbc.com/editorialguidelines/guidance/drones

All micro-drones will now require Unique Identification Number (UIN),

insurance, fireproof ID, a radio frequency tag (RFID) and a SIM card allowing
for tracking by the DGCA.

annexure to the CAR (Annexure XIV)