Section 7 in The Aircraft (Investigation of Accidents and Incidents) Rules, 2012
7. Protection of evidence, custody, removal and preservation of damaged aircraft.
(1)in the case of an accident or a serious incident, which is required to be notification under rule 4, the aircraft shall not, except by a person under the authority of the Bureau, be removed or otherwise interfered with.Provided that -(a)the aircraft or any parts or contents thereof may be removed or interfered with so far as may be necessary by persons authorised to conduct search and rescue operations for the purpose of extricating persons or animals dead or alive, or preventing the destruction of the aircraft and its contents by fire or other cause or of preventing any damage or obstruction to the public or to air navigation or to other transport;(b)if the aircraft is wrecked on water, the aircraft or any parts or contents there of may be removed to such extent as may be necessary for bringing it or them to a place of safety by persons authorised to conduct search and rescue operations.(c)goods may be removed from the aircraft under the supervision and with the concurrence of an officer of the Bureau or a person authorised by the Bureau;(d)personal luggage of passengers' and crews' may be removed from the aircraft under the supervision of a Police Officer, a Magistrate, an Officer of the Bureau or a person authorised by the Bureau; and(e)malls may be removed under the supervision of a Police Officer, a Magistrate, an Bureau a person authorised by the Bureau.(2)The Bureau may, for the purposes of any investigation including preliminary investigation under these rules, authorise any person or persons to take measures.(a)to protect the evidence and shall include the preservation, by photographic or other means, of any evidence which might be removed, effaced, lost or destroyed;(b)to maintain safe custody of the aircraft and its contents and shall include protection against further damage, access by unatuhtorized persons, pilfering and deterioration;and(c)for preservation of the aircraft for such a period as may be necessary for the purposes of an investigation.(3)The person or person authorised by the Bureau under sub-rule (2) may thereupon have access to examine or otherwise deal with the aircraft.(4)The owner of the aircraft or his nominated representative shall have the right to be present during any examination or other action taken under sub-rules (1) and (2):Provided that the Bureau shall not be bound to postpone any action which it may consider necessary under this rule by reason of the absence of the owner or his representative.(5)If a request is received from the State of Registry, the State of the Operator, the State of Design or the State of Manufacture that the aircraft, its contents, and any other evidence remain undisturbed pending inspection by an accredited representative of the requesting State, the Bureau shall take all necessary steps to comply with such request, so far as this is reasonably practicable and compatible with the proper conduct of the investigation subject to the provisions of sub-rule(1).(6)Subject to the provisions of sub-rules (1), (2) and (3), the Bureau shall release custody of the aircraft, its contents or any parts thereof as soon as they are no longer required for investigation, to any person or person duly designated by the State of Registry or the State of the Operator, as the case may be.(7)For the purpose of sub-rule (6), the Central Government shall facilitate access to the aircraft, its contents or any parts thereof:Provided that, if the aircraft, its contents, or any parts thereof lie in an area within which the Central Government finds it impracticable to grant such access, it shall itself effect removal to a point where access can be given.
