Kerala High Court Stays Drone Case Against US Tourists: India's Drone Rules Explained

The Kerala High Court has stayed criminal proceedings against two United States citizens who were booked for allegedly flying a drone in the red zone near the Coast Guard headquarters and Indian Navy establishments at Fort Kochi. The stay, granted in early June 2026, turned on a striking defect: the tourists were charged under the Aircraft Act, 1934, a law that had already been repealed when the case was registered.

The case is a useful window into how India regulates civilian drones, and what can happen when enforcement agencies invoke outdated statutes. Anyone facing a criminal case built on a defective charge should understand the remedy of approaching the High Court, explained in our guide on how to quash an FIR in India under Section 528 BNSS.

The Fort Kochi Drone Case

According to the police, the two tourists, Katie Michelle Phelps and Christopher Ross Harvey, operated a drone and recorded video footage on March 21, 2026 near Chariot Junction in Fort Kochi, an area close to naval quarters and other defence establishments that is classified as a restricted zone. They were booked under Section 10 of the Aircraft Act, 1934, along with Rules 22 and 49 of the Drone Rules, 2021, and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The petitioners pointed out that the Aircraft Act, 1934 was repealed with effect from January 1, 2025 by the Bharatiya Vayuyan Adhiniyam, 2024. Noting that the prosecution rested on a repealed law, the High Court stayed the criminal proceedings for two months on their interim prayer.

How India's Drone Rules Work

Civilian drone operations in India are governed by the Drone Rules, 2021, made under the central aviation statute. The framework divides Indian airspace into green, yellow and red zones. Green zones permit routine operations subject to the rules, yellow zones require permission from air traffic control authorities, and red zones, which include areas around defence installations and other sensitive sites, are off limits without permission from the central government.

The rules also deal with registration of drones, remote pilot requirements and operational conditions. Violations can attract penalties under the aviation law framework, and where national security or public order is implicated, police also invoke general criminal law provisions. Foreign tourists are not exempt: the rules apply to anyone operating a drone within Indian territory.

Charges Under a Repealed Law

A prosecution cannot ordinarily be founded on a statute that stood repealed on the date of the alleged offence, unless a savings clause preserves liability. The Fort Kochi case illustrates how this defect can stall a prosecution at the threshold. Accused persons in such situations can seek a stay or quashing, and they retain all the usual protections of criminal procedure, including those summarised in our guide on your rights if you are arrested in India under BNSS 2023. Where arrest is apprehended in a pending case, the remedy of anticipatory bail under BNSS 2023 may also be available.

Practical Lessons for Drone Users

Before flying a drone anywhere in India, check the zone classification of the location on the official digital platform notified under the Drone Rules, and assume that areas near airports, military facilities, ports and government complexes are restricted. Tourists should be especially careful in coastal and border cities, where naval and coast guard installations make large stretches of the map red zone territory. Carrying proof of registration and permissions, where required, can prevent an unpleasant encounter from escalating into a criminal case.

If a drone is seized or a case is registered, do not assume the matter will resolve itself. Engage a lawyer early, obtain the FIR copy, and examine which provisions have been invoked and whether they were in force on the date of the incident. As the Fort Kochi case shows, charging errors are not rare during transitions between old and new statutes, and they can be decisive. Foreign nationals should also inform their consulate, since travel plans and visa timelines are affected by pending criminal proceedings.

Penalties apart, a registered case can mean passport and visa complications, repeated court appearances and seizure of equipment for months. Prevention costs almost nothing by comparison.

Related Reading

For the limits on what investigators can demand from an accused, see refusing to answer an investigating officer's questions is not non-cooperation for bail.

For the Supreme Court's view on onerous bail terms, see Supreme Court strikes down degrading bail conditions.

Key Takeaways

The Kerala High Court has stayed proceedings against two US tourists booked for flying a drone in Fort Kochi's red zone because the charge invoked the repealed Aircraft Act, 1934 instead of the Bharatiya Vayuyan Adhiniyam, 2024. India's Drone Rules, 2021 divide airspace into green, yellow and red zones, and operating in a red zone without central government permission is prohibited. Drone users, including foreign visitors, should verify zone status before every flight.