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ARTICLE · 30 JULY 2026

Institutional Independence In Aircraft Accident Investigations

Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
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Maheshwari & Co. Advocates & Legal Consultants

Maheshwari & Co. Advocates & Legal Consultants

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The Aircraft Accident Investigation Bureau operates under India's Ministry of Civil Aviation, but questions arise about whether its institutional framework provides sufficient separation from the regulatory authority it may need to scrutinize. This analysis examines the 2025 Rules governing aircraft accident investigations and compares India's approach with international models that structurally separate investigators from regulators.

GlobalTransport
Shyamli Shukla
Shyamli Shukla
Shivi Garg
Shivi Garg

Every civil aviation accident triggers two inquiries: one that seeks accountability, and the other that seeks to determine the cause of the accident. Both of them have a distinct purpose. While the former may lead to regulatory, civil or criminal consequences, the latter is directed towards identifying safety deficiencies to prevent recurrence. The effectiveness of such safety investigations depends not only on technical expertise but also on the institutional independence of the investigating authority from the manufacturer, operator and regulator whose conduct may itself come under scrutiny.

On November 7, 2025, the Aircraft (Investigation of Accidents and Incidents) Rules1 were notified by the Ministry of Civil Aviation, replacing the earlier 2017 framework, broadly reflecting this principle of safety and aligning with the ICAO’s Annexure 132. The 2025 Rules expressly recognize that the objective of an accident investigation is to improve aviation safety by identifying causes

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