Two IndiGo fliers held in Patna: What rules say about drinking on flights

The two were arrested for consuming beer on a domestic flight and creating a ruckus on the aircraft. What exactly is the law about drinking on flights? Are the rules different for domestic and international flights? We explain.

Written by Khadija Khan , Edited by Explained Desk
New Delhi | January 12, 2023 05:27 PM IST

4 min read

The arrest was made pursuant to a written complaint by IndiGo’s manager, following which the CISF took the passengers into custody. (File/Reuters)

Listen to this article

Your browser does not support the audio element.

On Sunday, two IndiGo passengers were arrested by the Patna Airport Police and the Central Industrial Security Force (CISF) for consuming beer on a domestic flight from Delhi and creating a ruckus on the aircraft, news agency ANI reported. The arrest was made pursuant to a written complaint by IndiGo’s manager, following which the CISF took the passengers into custody and handed them over to the airport police.

What does the law say about drinking on domestic flights?

In India, the Directorate General of Civil Aviation (DGCA) enforces civil aviation regulations for air transport services, air safety, and airworthiness standards, falling under the Ministry of Civil Aviation (MOCA). According to clause 4.9 of the DGCA Civil Aviation Requirements (CAR), Section-3, Series-M, Part VI on ‘Handling of Unruly Passenger’ and Cabin Safety Circular, the passengers consuming alcohol or drugs resulting in unruly behavior shall be made aware that they are breaking the law and could be arrested on arrival.

The clause reads, “4.9 The passenger shall also be made aware that in case his/her behavior falls into one of the following categories, he/she is likely to be breaking the law and could be arrested on arrival at the destination, or at any other airport where the aircraft commander may choose to land. However, these clauses are indicative and not exhaustive:

Consuming alcoholic beverages or drugs results in unruly behavior.
Smoking in an aircraft
Failure to obey the instructions of the pilot-in-command
Acting in an unruly manner by: i) use of any threatening or abusive language towards a member of the crew or other passengers; ii) behaving in a physically threatening, abusive, and disorderly manner towards a member of the crew or other passengers; iii) intentionally interfering with the performance of the duties of a crew member.
Endangering the safety of an aircraft and persons therein”

Moreover, Section 24 of the Aircraft Rules, 1937, deals with the prohibition on the consumption of intoxicating and psychoactive substances. Subsection (2) of Section 24 reads, “No operator operating a dometic air transport service in India shall serve any alcoholic drink on board such an air transport service and no passenger travelling on such a service shall consume any alcoholic drink while on board.”

In conclusion, it is safe to say that in light of the Aircraft Rules and DGCA Civil Aviation Requirements, passengers on domestic flights cannot consume alcoholic drinks onboard, whereas those on international flights can only consume alcoholic drinks as long as they do not result in unruly behavior.

Was the arrest valid?

Yes, the arrest of the two indigo passengers drinking beer onboard the Delhi-Patna flight was valid under Section 24 (2) of the Aircraft Rules, 1937. Section 5 of the DGCA Civil Aviation Requirements deals with implementing flight safety awareness and accident/incident prevention for all air transport operators. According to AIC No. 16/2021, issued by the DCGGA, anyone who witnesses, has knowledge of, or is involved in a situation posing a threat to flight safety can voluntarily report it while maintaining confidentiality.

Is the law against drinking only for passengers?

No, the DCGA Rules state that pilots and cabin crew failing the breath-analyzer alcohol test the first time will be barred from flying for three months. Second-time offenders are barred for three years. Failing the test for a third time will lead to their flying licences being permanently revoked.

Tags: