The Complex Legal and Operational Challenges in the Joint AAIB–NTSB Probe of the Air India Flight AI171 Crash_Adv. C.V. Manuvilsan, Lex Loci Associates

The Complex Legal and Operational Challenges in the Joint AAIB–NTSB Probe of the Air India Flight AI171 Crash

Adv. C.V. Manuvilsan, Lex Loci Associates

The tragic crash of Air India Flight AI171 on June 12, 2025, near Ahmedabad’s Sardar Vallabhbhai Patel International Airport, has cast a long shadow over global aviation safety. Of the 242 persons on board, 241 lives were lost when the Boeing 787-8 Dreamliner crashed into a residential doctors’ hostel complex shortly after takeoff. A lone survivor remains in critical care.

In this somber context, a joint investigation by India’s Aircraft Accident Investigation Bureau (AAIB) and the United States' National Transportation Safety Board (NTSB) has commenced—an undertaking of immense technical, legal, and diplomatic complexity.

Image:

Crash Site Photo First Wreckage of AI171 near Ahmedabad AI171 crash site at doctors’ hostel, Ahmedabad

The Legal Framework of the Joint Investigation

The AAIB leads the probe under the auspices of ICAO Annex 13, the internationally accepted legal framework governing civil aviation accident investigations. The NTSB, backed by the U.S. Federal Aviation Administration (FAA), participates owing to the aircraft’s U.S. manufacture and technology. This participation is not merely technical—it also engages legal protocols on evidence sharing, intellectual property, and cross-jurisdictional cooperation.

Key Distinctions Between AAIB and NTSB Methodologies:

AAIB (India) NTSB (United States)

Government agency under Ministry of Civil Aviation Independent U.S. federal agency

Investigates Indian civil aviation accidents Investigates all U.S. civil aviation accidents and assists globally

Fact-finding under ICAO Annex 13 Uses “party system” involving stakeholders (e.g., Boeing, airlines, FAA)

Reports submitted to Ministry; informs regulatory change Publishes detailed public reports with safety recommendations

Relies on DGCA and external expertise Maintains in-house labs and specialized technical teams

Key Challenges in the Joint Investigation

While both agencies bring world-class expertise, the scope of this investigation presents significant legal, operational, and technical challenges. Below, I outline eight critical issues that must be navigated:

1. Multi-Agency Coordination

The investigation involves numerous actors: AAIB, DGCA, NTSB, FAA, Boeing, Air India, and potentially foreign certification authorities. Coordinating these entities—each operating under distinct legal mandates and procedural cultures—requires clear Memoranda of Understanding (MoUs), robust data-sharing agreements, and respect for chain-of-custody protocols.

2. Evidence Preservation in a Populated Zone

The crash site lies within a densely populated residential complex. Securing forensic evidence without violating property rights, safeguarding personal effects of victims, and ensuring public safety all require sensitive handling and strict adherence to procedural fairness.

3. Black-Box Data Recovery

While both the Cockpit Voice Recorder (CVR) and Flight Data Recorder (FDR) have been recovered, data extraction will likely involve forensic labs in the U.S. and India. Legal agreements must ensure data integrity, prevent unauthorized disclosures, and comply with India’s privacy laws and international aviation norms.

4. Integrating Diverse Data Sources

The investigation will fuse ATC transcripts, radar data, meteorological records, maintenance logs, and crew training histories. Managing cross-border data transfers must comply with Indian and international data protection frameworks (including GDPR if any European data is involved), while ensuring completeness and integrity.

5. Jurisdictional and Legal Protocols

Though India leads the probe, under Annex 13 the NTSB has participatory rights—including the ability to bring in manufacturer representatives (e.g., Boeing). Balancing this cooperation with India’s legal sovereignty, privacy protections, and public interest obligations is a delicate task.

6. Technical Complexity of Boeing 787 Systems

The Dreamliner’s composite airframe, advanced avionics, and fly-by-wire controls demand niche technical expertise. Ensuring non-biased expert testimony, maintaining intellectual property confidentiality, and adhering to export control regulations (under U.S. ITAR/EAR laws) will require careful legal structuring.

7. Human Factors and Witness Interviews

Interviews with survivors, ATC personnel, and first responders must adhere to trauma-informed protocols. Legal considerations include witness rights, cross-jurisdictional testimony rules, and protections against re-traumatization. Involving linguists and psychological experts will be critical.

8. Managing Public Communication

The investigation’s credibility hinges on transparent and timely public updates. However, premature disclosures could prejudice legal proceedings or compromise privacy. Crafting a balanced media strategy, supported by legal review, will be essential to maintaining public trust.

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Conclusion: Upholding Aviation Safety and Legal Integrity

The joint AAIB–NTSB investigation represents a vital test of international cooperation in aviation safety. It also demonstrates the need for robust legal frameworks to govern cross-border technical investigations—where privacy, sovereignty, and public interest must be carefully balanced.

The bereaved families, the flying public, and the global aviation community deserve clear answers and safety reforms that emerge from a thorough, independent, and legally sound investigation.

As this process unfolds, it will serve as a case study in the intersection of aviation law, international cooperation, and public accountability—and a solemn reminder that behind every technical finding lie human lives, lost and mourned

Disclaimer: This article is intended for informational purposes only. It summarizes publicly available facts about the Air India Flight AI171 crash and the anticipated investigation process. It does not constitute legal advice or an official commentary on the investigation findings, which remain subject to formal inquiry by competent authorities.

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The AAIB–NTSB joint investigation into the Air India AI171 crash faces complex legal and operational challenges. This article explores the issues in depth.

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