Is It Legal to Fly a Drone in India? Everything You Must Know

Introduction

Drones—formally known as Unmanned Aerial Vehicles (UAVs)—have transformed from being futuristic gadgets to essential tools in various industries. From filmmaking and wedding photography to agriculture, surveillance, and even e-commerce delivery pilots, drones have found a firm place in India’s technological landscape.

However, with this rise comes a crucial question: Is it legal to fly a drone in India?

The short answer is yes, but there are conditions. The Indian government, through the Directorate General of Civil Aviation (DGCA), regulates drone operations under the Drone Rules, 2021. 

Also Read: Top Reasons to Hire an Experienced Civil Lawyer in Delhi

A Brief History of Drone Regulations in India

1. The 2014 Ban

In October 2014, DGCA issued a public notice completely banning civil use of drones in India. The ban was introduced because:

1. There was no regulatory framework in place.

2. Concerns around privacy, security, and airspace safety were growing.

Flying drones without government approval was considered illegal and punishable under provisions of the Indian Penal Code (IPC).

2. 2016 Draft Guidelines

In 2016, DGCA released its first draft policy. For the first time, drones were defined as Remotely Piloted Aircraft Systems (RPAS). The draft introduced categories based on weight and suggested an elaborate permission process.

While this was a step forward, it was criticized for:

1. Excessive paperwork.

2. Multiple department clearances.

3. Slow approval processes.

This discouraged individuals and small businesses from using drones legally.

3. The UAOP Era (2018–2021)

In 2018, DGCA introduced the Unmanned Aircraft Operator Permit (UAOP) system. Anyone who wanted to fly a drone for commercial or research purposes had to obtain a UAOP.

The requirements included:

1. Police verification.

2. Technical specifications of the drone.

3. Clearances from multiple authorities like DoT, BCAS, and MoD.

4. Permissions from landowners for take-off and landing.

The process was complex, costly, and inaccessible for hobbyists.

Buying, Selling, and Importing Drones in India

• Buying & Selling: Drones have always been available in India, both online and in stores. Buying or selling drones is not illegal.

• Importing Drones: Importing drones requires approval from DGCA and a valid license from the Directorate General of Foreign Trade (DGFT).

This restriction ensures:

1. National security is not compromised.

2. India encourages domestic drone manufacturing.

Legal Status Under Aircraft Rules, 1937

Under Rule 3(7) of the Aircraft Rules, 1937, drones are considered aircraft. This means they are subject to aviation law.

Only the following entities can legally own and operate drones:

1. Indian citizens.

2. Indian-registered companies.

3. Central or state government agencies.

4. Foreign companies leasing drones to Indian entities.

A Certificate of Registration is required, and DGCA issues a Unique Identification Number (UIN) for each drone.

The Privacy and Trespass Problem

Before the 2021 reforms, a major concern was misuse of drones for:

1. Spying on individuals.

2. Recording private events without consent.

3. Trespassing into private property.

4. Surveillance without authorization.

Such misuse could attract criminal charges under:

• Section 441 IPC – Criminal trespass.

• Section 354C IPC – Voyeurism.

• Section 66E of IT Act – Violation of privacy.

The Game-Changer: Drone Rules, 2021

In August 2021, India introduced the Drone Rules, 2021, replacing the outdated UAOP system. These rules significantly simplified and liberalized drone operations in India.

The key focus areas:

1. Ease of doing business.

2. Promoting drone technology and innovation.

3. Encouraging startups and entrepreneurs.

4. Balancing safety with accessibility.

Key Provisions of Drone Rules, 2021

1. Classification of Drones

Drones are categorized by weight:

• Nano: Up to 250 g

• Micro: 250 g – 2 kg

• Small: 2 – 25 kg

• Medium: 25 – 150 kg

• Large: Above 150 kg

Exemption: Nano drones used for non-commercial purposes do not require registration or pilot certification.

2. Drone Registration on Digital Sky

All drones (except exempt nano drones) must be registered on the Digital Sky Platform. Once registered, they receive a Unique Identification Number (UIN).

Benefits of Digital Sky:

1. Online permissions.

2. Interactive airspace map.

3. Automated approvals.

3. Remote Pilot Certificate (RPC)

1. Required for commercial drone operators.

2. Issued by DGCA-approved training organizations.

3. Valid for 10 years.

4. Hobbyists flying nano drones are exempt.

4. Airspace Categorization

Indian airspace is divided into zones:

1. Green Zone: No permission needed (up to 400 ft).

2. Yellow Zone: Requires permission via Digital Sky.

3. Red Zone: Strictly prohibited.

Operators must always check the interactive map before flying.

5. No-Fly Zones

Drone flying is prohibited near:

1. Airports.

2. International borders.

3. Military and defence establishments.

4. State Secretariat complexes.

5. Nuclear power plants.

6. Other strategic and sensitive zones.

6. NPNT (No-Permission, No-Takeoff)

1. Drones are programmed not to take off without approval.

2. Permissions are granted digitally via Digital Sky.

7. Visual Line of Sight (VLOS) & Night Flying

1. Drones must always be flown within the operator’s line of sight.

2. Night flying is allowed only with special permission.

8. Insurance & Liability

1. Insurance is highly recommended to cover third-party liabilities.

2. Protects against accidents, damages, or injuries caused during operations.

9. Data Protection and Privacy

Drone operators must respect privacy laws when capturing or storing data. Unauthorized surveillance can lead to:

1. Civil suits.

2. Criminal prosecution under IPC and IT Act.

Penalties for Violations

Violating drone laws can result in heavy penalties:

1. Flying without registration – up to ₹50,000 fine.

2. Operating without RPC – up to ₹25,000 fine.

3. Flying in restricted zones – up to ₹1,00,000 fine.

4. Unauthorized imports – up to ₹5,00,000 fine.

In addition, drones may be seized, and operators can face criminal charges under IPC.

Drone Applications in India

1. Agriculture – Crop monitoring, pesticide spraying.

2. Infrastructure – Surveying roads, railways, pipelines.

3. Cinematography – Films, advertisements, wedding shoots.

4. E-commerce – Pilot projects for drone-based deliveries.

5. Disaster Management – Rescue operations during floods, earthquakes.

6. Defence and Security – Border surveillance, counter-terror operations.

Practical Tips for Drone Operators in India

1. Always register your drone on Digital Sky.

2. Carry your RPC if flying commercially.

3. Check airspace maps before flying.

4. Avoid flying near airports, borders, or military zones.

5. Do not fly above 400 ft without permission.

6. Respect people’s privacy—never record without consent.

7. Consider getting insurance to safeguard against liabilities.

Conclusion

So, is it legal to fly drones in India?
Yes—but only if you follow the Drone Rules, 2021.

India has evolved from a blanket ban to one of the world’s most structured drone regulatory frameworks. The rules are designed to balance innovation with national security and privacy concerns.

For drone enthusiasts, entrepreneurs, and businesses, the path is now clear:

1. Register your drone.

2. Get necessary permissions.

3. Fly only in approved zones.

4. Respect privacy and safety norms.

Used responsibly, drones can revolutionize industries and everyday life in India. The sky is open—but only if you follow the law.