Space Law 2025 Comparisons

India’s approach to international Space law has evolved to reflect its strategic geopolitical perspective, economic development goals, and a commitment to international collaborations in the Space sector.

India has acceded to and is a party to several international treaties in this domain, including but not limited to the:

• Outer Space Treaty;
• Rescue Agreement;
• Liability Convention;
• Registration Convention; and
• is a signatory (but not a ratifying party) to the Moon Agreement.

With developments in Space exploration and value-added services, India joined the Artemis Accords in 2023, signalling its commitment to a co-operative and transparent rules-based framework for Space exploration, including recognition of Space resource utilisation under the Outer Space Treaty.

The NewSpace regulatory framework is regulated under the terms of the Indian Space Policy, 2023 (“Space Policy”) read with the Norms, Guidelines, and Procedures for Implementation of Space Policy (NGP 2024). These guidelines establish a single authorisation regime for all private Indian Space activities, while incorporating international legal standards, in relation to liability, post-mission disposal and orbital registration obligations. The terms of authorisation stress upon the ongoing compliance of every Space sector applicant with the terms of the treaties, to which India may be a signatory, and relies on the applicant’s due diligence to adhere to any directives released in furtherance of the international treaties.

India actively participates in UN conventions and ITU deliberations, and supports the adoption of international best practices, including the Space Debris Mitigation Guidelines and Long-Term Sustainability Guidelines of COPUOS. Adherence to ITU regulations to avoid signal interference and COPUOS for mitigation of Space debris are some of the integral aspects of the authorisations under NGP 2024.

To improve private participation and lend regulatory clarity in the sector, India overhauled its telecommunication laws with the enactment of the Telecommunications Act, 2023 (“Telecom Act”), and expressly included satellite systems within the definition of “telecommunication network”. Furthermore, the Telecom Act mandates frequency bands for certain satellite-based services to be assigned via an administrative process. It is important to understand that spectra had been auctioned in the country, until this enactment, to cater to the public good. However, in view of spectrum sharing arrangements, harmonisation with ITU Regulations and filing requirements, the shift to administrative assignment has been mooted for satellite spectra, indicating India’s preparedness to make available high-quality telecom services in the country.

Additionally, a new iteration of dedicated Space legislation (Draft Space Activities Bill) is currently under active consideration by the government (GoI) and will be introduced for public consultation later this year, aiming to harmonise the statutory framework for the licensing, supervision and promotion of private sector participation in the commercial Space sector in India.

Historically, the Indian Space Research Organization (ISRO) performed the dual role of a regulator and competitor of the Indian Space sector to foster development and investment value in the sector. However, India’s recent legislative and policy initiatives have been geared towards self-reliance and self-proficiency over recent years, to upskill and equip the commercial private sector towards greater participation in the sector. To this end, ISRO has adopted the approach of frequent collaborations with domestic and international players, organisation of technology transfer initiatives and liberal dissemination of remote sensing data to domestic entities, public and private alike.

The consequent emergence of NewSpace companies has already contributed to a significant shift in India’s Space sector. These companies have played an important role in advancing technologies such as miniaturised satellites, indigenous launch vehicles, automation, and drastically reduced launch costs, which has enabled the development of a competitive and decentralised Space sector in India. In view of such improved private participation and commercialisation, ISRO and the Department of Space (DoS) have introduced policy documents and institutional modifications, to streamline ISRO’s role in the sector. The notification of the Space Policy was crucial towards this effort, and operationalises the vision for NewSpace through key institutional shifts with the establishment of IN-SPACe (Indian National Space Promotion and Authorization Centre), and role modifications for ISRO and NewSpace India Limited (NSIL).

India’s advance into the NewSpace era is a policy-driven and industry-led effort, with the GoI undertaking proactive steps to augment innovation, and enable commercialisation. NSIL, IN-SPACe and ISRO together represent a recalibrated streamlined regulatory approach that seeks to balance state control with open market participation.

From an investment perspective, liberalisation of the foreign direct investment (FDI) policy has allowed up to 100% foreign investment in several Space activities, including satellite-manufacturing and operation, satellite data products, and ground segment and station development. However, in view of national security considerations, only Indian entities, incorporated under Indian laws, are permitted to apply for authorisations with IN-SPACe. Foreign satellite operators/service providers are eligible to apply for authorisation through its Indian subsidiary, joint venture/partnership with any Indian entity, or their authorised dealer in India.

The Space authorisations and transactions are now evolving toward hybrid commercial frameworks, increasingly incorporating elements such as flow-down liability clauses and third-party insurance obligations, stringent IP ownership and licensing provisions, especially in joint development and satellite leasing agreements, in alignment with global standards.

Since the establishment of ISRO in 1969, the Space programme has been closely managed by the Department of Space, overseen directly by the Prime Minister’s Office (PMO). In view of security considerations and national interest, GoI had maintained strict controls over the regulatory framework and private sector contribution for satellite operations and access to Earth observation data alike.

Since then, the sector has evolved from a state-controlled, public research-driven initiative into a dynamic and expanding private ecosystem with burgeoning commercial, strategic and global relevance.

From erstwhile reliance on remote sensing missions and launch missions organised in partnership with foreign Space agencies, India’s Space ecosystem now encompasses end-to-end capabilities for a Space mission, including launch vehicles, satellite manufacturing, ground station networks, and downstream services like Earth observation and mapping, and satellite-based communication services. This is evident by the highest number of launches in 2024, by ISRO and related parties, with 254 launches resulting in the addition of 2,578 Space objects.

With burgeoning expectations of ISRO in an ever-expansive start-up ecosystem, the Space Policy has also sought to streamline ISRO’s role to research and development efforts. This has enabled ISRO to focus its attention on long term projects for development of the Indian Space Station, Debris Free Mission Initiatives, and a focus on improvement of access to Earth Observation Data (“EO Data”) to private and governmental bodies alike.

The standardisation of the regulatory framework aligns with global momentum to support commercial expansion; however, India retains its focus on strategic requirements and self-reliance principles, by mandating only Indian entities to apply for Space-activity-related authorisations. Foreign entities looking to enter the sector must enter into necessary commercial partnerships with Indian entities, and seek appropriate authorisation via these Indian entities.

Strategically, India aims to become a global player in affordable launch services, satellite broadband, Earth observation analytics, and eventually Space exploration and defence-based applications. With numerous start-ups, increasing foreign interest, and expanding use cases across agriculture, defence, governance and climate monitoring, the Indian Space industry stands on the brink of major commercial growth. However, sustained progress will depend on legal clarity, funding access, and streamlined co-ordination across regulatory agencies.

India follows a common law legal system, rooted in its colonial past and shaped significantly by British legal traditions. However, the Space industry has been regulated by policy documents, and associated guidelines, released by the DoS under the support of the PMO. This protocol was established to ensure agility, owing to evolving international guidance, national security concerns, and the fluidity of socio-economic development policies in India. Currently, the following sources comprise the regulatory framework of the sector and associated services, described hereinunder.

1. The Space Policy read with the IN-SPACe Norms, Guidelines, and Procedures (NGP 2024) released on 4 May 2024, sets out the authorisation regime for Indian entities for undertaking any Space activities including registration of Space objects, liability related aspects, Space-based communication, establishment and operation of satellite systems, dissemination of Space-based EO Data, establishment and operation of Space transportation systems and ground systems alike.

2. The Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933 (for telecom/spectrum use); which is set to be repealed and replaced by the Telecom Act – this legislation governs the assignment of satellite spectra in India. Earlier, auction was the primary allocation strategy for terrestrial spectra, which was further corroborated by judicial precedents. However, with the notification of the Telecom Act, the assignment of spectra for Space research and application, launch vehicle operations, ground station for satellite control and certain satellite-based services will be undertaken through an administrative process.

3. Regulations/Directives issued by the Department of Telecommunications (DoT), Wireless Planning & Coordination Wing (WPC), and IN-SPACe. DoT and WPC are responsible for the preparation of the National Frequency Allocation Plan, and ensuring use of such spectrum without interference.

4. The National Geospatial Policy, 2022, read with the “Guidelines for Acquiring and Producing Geospatial Data and Geospatial Data Services including Maps” issued by the Department of Science and Technology (DST), were released to significantly deregulate the geospatial sector by removing requirements for prior authorisation, and easing acquisition and production, of geospatial data. The National Geospatial Policy 2022 builds on this progress by providing a clear plan to develop India’s geospatial infrastructure, services, and platforms. It lays out how to achieve these goals through co-ordinated efforts across institutions, technology and regulations.

5. International obligations under the Outer Space Treaty (OST), enacted and implemented within the provisions of the NGP 2024.

6. FDI Policy and licensing rules under the FEMA/Consolidated FDI Policy, to govern the flux of foreign capital, R&D in manufacturing and launch capabilities for the Space sector.

India’s Space sector is currently guided by a fragmented framework consisting of rules, guidelines and policies, and is not governed by any single legislation. Different aspects are managed by various government bodies – for example, ISRO and IN-SPACe handle approvals for Space activities, while spectrum and satellite communication licences come under the DoT and the WPC wing.

The GoI further intends to provide legislative support to these policy endeavours, with the Space Activities Bill, which is expected to lay out directives for licensing requirements, liability, insurance, and dispute resolution.

The Space sector is regulated by the DoS, and associate government nodes under several ministerial departments. Since the liberalisation of the sector, the responsibilities of the departments concerned have been separated as follows.

• Department of Space (DoS) – the Department of Space is the primary ministerial department for regulation of the Space sector, closely managed by the PMO. DoS is responsible for the long-term policy developments in India, participation in international dialogue and representation and strategic alignment with the objectives of the GoI.
• Indian Space Research Organization (ISRO) – ISRO seeks to harness Space technology for national development, promote Space science research and further develop policies for the operation of satellites and leasing of capacities in India. ISRO undertakes the design and development of Space rockets, satellites and manages the remote sensing satellite programme for monitoring environmental harm and natural resources using Space-based imagery. ISRO is further responsible for the management of the following agencies, which are vital stakeholders in the commercial Space sector.
1. Indian National Space Promotion and Authorization Centre (IN-SPACe) – IN-SPACe is a single window autonomous nodal agency, to facilitate and regulate private sector Space activities in India, and further functions as a single source of information, and provides authorisation to enable participation in the Indian Space sector. It is responsible for laying the terms of authorisations to enable Indian entities to establish and operate satellite systems in India. It will further be empowered to formulate policy guidelines/additional regulations and guidelines for submission of applications, processing and grant of authorisations.
2. NewSpace India Limited (NSIL) – NSIL represents a Public Sector Enterprise (PSE) of the GoI, and operates under the administrative control of DoS. NSIL is the commercial arm of ISRO, and is responsible for enabling Indian industries to take up high technology Space-related activities and undertake steps for the promotion and commercial exploitation of the products and services emanating from the Indian Space programme, by public–private partnerships (PPPs). It plays a critical role in structuring PPPs, transferring mature technologies, and generating non-tax revenue for the government.
3. Furthermore, in view of overlaps in regulatory scope with the DoT, the following nodes of the GoI are important within the Space ecosystem as well. DoT is a department under the Ministry of Communications, and is responsible for the regulation of all activities with respect to telecommunication network licensing (including satellite communication services) and infrastructure standards for satellite equipment.
1. Wireless and Planning Commission (WPC) – WPC is the national radio regulatory authority responsible for frequency spectrum management, including licensing and caters to the needs of all wireless users. Applicants seeking to establish satellite broadband services must engage with the WPC to seek allocation of the frequency spectrum for appropriate uplink or downlink requirements.
2. Telecommunication Engineering Centre (TEC) is responsible for preparing technical standards for telecom network equipment.
3. Standing Advisory Committee for Frequency Allocation (SACFA) is for spectrum advisory.
• Other ministries/departments with Space-related functions include the following:
1. Ministry of Defence (MoD) – co-ordinates strategic and dual-use Space applications in surveillance and communications;
2. Ministry of Home Affairs (MHA) – receives input from Space-based systems for disaster management, border security and related affairs; and
3. Ministry of Information & Broadcasting (MIB) – responsible for regulating satellite TV, DTH (direct-to-home), and broadcasting services using Space-based systems.

The Space Policy read with the NGP 2024 (so published by ministerial departments of the GoI) establish the authorisation regime for Space-based activities.

An interested Indian entity must apply to IN-SPACe for the following activities, in accordance with NGP:

• launching or operating any Space object (satellite, spacecraft, etc);
• operating remote sensing or communication constellations;
• establishing or using ground infrastructure (telemetry, tracking and command (TT&C), mission control centre (MCC), or reception stations);
• undertaking re-entry missions;
• disseminating high-resolution EO Data;
• establishing or using Space transportation systems;
• leasing/purchasing/transferring Space objects in orbit; and
• activities involving non-Indian satellites providing services in India.

Performance of any Space activity without due authorisation from IN-SPACe would be deemed as non-compliance of the Indian Space Policy (ISP), and could result in suspension or termination of the Space activity, along with penalties appointed by the state.

Furthermore, IN-SPACe continues to monitor the Space activities so conducted, and requires Indian entities to report:

• changes in ownership/control within 48 hours;
• accidents/malfunctions within 24 hours;
• planned service discontinuation (30 to 180 days prior, depending on impact); and
• security-related threats or external incidents.

IN-SPACe also wields audit and inspection rights over any authorised entities to verify compliance with conditions. IN-SPACe (or designated government bodies) can demand:

• TT&C telemetry data;
• access to MCC/SCC logs; and
• incident reports.

All of these reporting requirements are an integral feature of the authorisation granted by IN-SPACe, with failure to submit necessary information in prescribed timelines, to be considered as a material breach of the authorisation terms, threatening suspension or revocation by IN-SPACe.

The WPC is tasked with preparation of the National Frequency Allocation Plan (NFAP), which seeks to align India’s domestic spectrum use with global allocations per the International Telecommunication Union (ITU) Radio Regulations. NFAP specifies the purpose and applicable requirements for the efficient use of the entire radio frequency spectrum (from 9 kHz to 3,000 GHz) in co-ordination with ITU, to streamline operational requirements and business ease.

For Space operators, NFAP outlines the frequency bands which may be used for:

• Earth-to-Space (uplink) and Space-to-Earth (downlink) transmissions;
• Earth observation satellites; and
• broadband satellite usage, etc, consistent with ITU allocations, for their use in different services.

Additionally, the Standing Advisory Committee for Frequency Allocation (SACFA) is an advisory wing under the DoT, and caters to technical management and allocation of radio frequencies, to minimise interference. SACFA clearance is essential for setting up any wireless communication infrastructure, including telecom towers and radio stations within the territory of India.

Operators would be similarly required to share an interference analysis, and evidence of co-existence agreements with other operators for shared orbital resources, during the IN-SPACe’s authorisation process.

The authorisation compliances for launch operations and related components are provided for under the NGP 2024 for orbital and sub-orbital launches occurring on Indian or non-Indian territories alike. Indian entities looking to launch from non-Indian territories would be required to seek authorisation from IN-SPACe, and any associate compliances levied by the foreign Space operator within the launching state.

Indian entities are permitted to apply for authorisation exclusively, with foreign players permitted to apply through an Indian entity only, via a subsidiary, or other collaborative arrangements recognised by GoI. Since authorisations are entity specific, any parent company/sister subsidiary or JV would be required to apply for fresh authorisation with IN-SPACe for similar Space-related services.

The authorisation will be granted by IN-SPACe upon due assessment of the technical parameters, mission planning, and readiness of the launch vehicle (if using the ISRO launch base), by an IN-SPACe committee. Participants must share details of the launch mission prior to authorisation, any further details which may compromise/be relevant to the launch. The authorisation shall be necessary in the event that the Indian entity seeks to perform its launch operations outside the territory of India, which will further mandate additional permissions/authorisations from the government of such launch territory.

The state takes consideration of the Liability Convention during launch activities as well, and assigns liability to the non-Indian entity (thereby indemnifying the Indian entity and GoI), in the event that the Space object so launched is owned by a foreign player, regardless of the site of launch. Similarly, launch facility operators are required to seek IN-SPACe authorisation, by provision of necessary details of various facilities such as MCC, TT&C, AIT (assembly, integration and testing) and propellant storage.

It is interesting to note that the NGP exempts ISRO from any authorisation for a sub-orbital/sounding rocket launch from its launch facilities. As discussed earlier, ISRO represents the research and development wing of the Indian Space Programme, and is afforded such exemptions to meet DoS and GoI objectives under the Space Policy.

As discussed earlier, India is a party to all the major international treaties/regulations related to outer Space, and codified within the authorisation terms under the NGP 2024:

• Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies;
• Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space 1968;
• Convention on International Liability for Damage Caused by Space Objects 1972;
• Convention on Registration of Objects Launched into Outer Space;
• Agreement Governing the Activities of States on the Moon and Other Celestial Bodies 1979; and
• Artemis Accords: Principles for Cooperation in the Civil Exploration and Use of the Moon, Mars, Comets, and Asteroids for Peaceful Purposes 2020.
• In addition, India is a founding member of the United Nations Committee on Peaceful Uses of Outer Space (UNCOPUOS) and has made significant contributions to its work. In 2021, India was unanimously elected as the chair of the new Working Group on the Long-term Sustainability of Outer Space Activities. India participates actively in the Conference on Disarmament (CD) as well, advocating for nuclear disarmament, negative security assurances and transparency in armaments, during policy discussion.

The NGP 2024 imposes liability on the private players, to safeguard GoI’s interests for any Space-related activities authorised by IN-SPACe. Accordingly, Space operators are advised/directed to retain necessary insurance cover, and submit evidence of the same during the authorisation process, to dissuade GoI concerns on financial liabilities for all parties.

The principle of “due regard” holds significant importance with the NGP as well, with entities required to submit documentation regarding orbital selection, collision avoidance manoeuvring, and in-orbit tracking to ensure risk mitigation, and minimal interference. Multiple satellite injections must align the separation sequence in consideration of the long-term relative motion, to limit risk amongst separated satellites as well, and share this with IN-SPACe prior to authorisation.

In the absence of sector-specific legislation on this aspect, Indian Space activities rely on the terms of authorisation under NGP 2024, to address requirements around insurance and indemnification of damages, due to Space activities.

The terms of authorisation encapsulate the fundamental aspects of the Outer Space Treaty (1967) and Liability Convention, on the liability regime, and ensure that (i) nation states are held internationally responsible for national Space activities, whether conducted by governmental or non-governmental entities, and (ii) launching states are absolutely liable for damage caused by their Space objects on Earth or to aircraft in flight, and liable for fault-based damages in Space.

The NGP codifies these third-party liability elements under Chapter X, and mandates applicants to hold and share necessary draft insurance policies with IN-SPACe for approval prior to grant of authorisation. The policy must include the Launch Operator, the customer (ie, the entity whose payload is onboard), and the government of India as insured parties, and indemnify the GoI for any liabilities arising in outer Space via such private applicant activities.

The insurance policy valuation shall be contingent upon the nature of launch, potential of third-party damage due to multi-stage launch events, and re-entry phase considerations.

India does not have a dedicated legal or policy framework specific to Very High Altitude (VHA) platforms. However, India is developing and deploying Very High Altitude Platforms (HAPs), also known as High-Altitude Pseudo Satellites, for various applications, including border surveillance, telecommunications, and disaster management. In fact, India’s indigenous HAPs completed another test flight as early as May 2025 of a subscale prototype developed by National Aeronautics Laboratory (NAL).

There are public deliberations on various aspects of HAPs between industry associations regarding spectrum allocation and aerospace management which shall be led by the DoT and the Directorate General of Civil Aviation (DGCA) which governs air navigation, flight operations, and aerial objects under the Aircraft Act, 1934 and associated rules. Uncrewed stratospheric balloons and pseudo-satellites are treated similarly to uncrewed aerial vehicles (UAVs) or experimental flight objects. However, DGCA rules do not define a regulatory altitude ceiling beyond which their authority ceases. This leads to ambiguity once platforms exceed around 30–40 km altitude.

India does not currently have sector-specific Space activity legislation, but the existing frameworks (as mentioned earlier) regulate these domains through broader control mechanisms.

IN-SPACe grants authorisations for all aspects of private Space activities. There are no sector-specific licensing regimes for Space activities in healthcare, life sciences, agriculture, mobility, environment or energy. Any services intended for Earth observation, remote sensing, or communication in these sectors must comply with strategic, national security, and public policy restrictions. Sensitive sectors may trigger security vetting – for example, using Space-based imagery for (i) precision agriculture near border zones, (ii) energy grids, or (iii) public health surveillance, may be subject to data masking, delayed dissemination or outright restrictions.

Rules specific to Space Data and its processing are outlined and regulated through the IN-SPACe NGP. Dissemination of high-resolution primary data (defined as data with a Ground Sampling Distance (GSD) of ≤30 cm at nadir (the point on the celestial sphere directly beneath an observer)) pertaining to Indian territory requires prior authorisation from IN-SPACe. Entities are prohibited from generating, supplying, selling, or disseminating value-added products related to Indian territory using primary data from Earth observation or remote sensing satellites not permitted by IN-SPACe.

Indian entities are solely eligible to apply for authorisation from IN-SPACe for data dissemination activities. Foreign entities in India must do so through subsidiaries or other commercial arrangements with entities registered in India.

The contours of the tenure of the authorisation and related conditions are outlined in the NGP and conditional upon several aspects. Space activity authorisations are typically granted for a fixed term, usually aligned with the mission life of the satellite, project duration, or operational period of ground infrastructure. The specific duration depends on the nature of the activity – eg, launch, satellite operation, ground station, or data dissemination. Detailed technical, financial, and corporate information is required as part of the application.

Entities may apply for renewal or extension of authorisation before the expiry of the initial tenure, contingent upon (i) continued compliance with authorisation conditions, (ii) fulfilment of reporting and cybersecurity requirements, and (iii) submission of updated technical/financial status and intent to continue operations.

Authorisation holders in good standing generally retain the right to continue their activity until the term ends, unless there is (i) a breach of conditions and/or (ii) security or public policy concern. IN-SPACe may provide progressive milestones or conditional approvals, allowing project development in phases (eg, prototype, deployment, and commercial phases). However, in case of any breach of these conditions, the authorisation granted can be suspended or revoked. Notice and response mechanisms typically follow, giving the entity an opportunity to show cause before final action.

IN-SPACe and WPC assess interference risks before granting authorisation. All applicants must provide interference analysis. All Space-based communications must comply with the National Frequency Allocation Plan (NFAP) and International Telecommunication Union (ITU) regulations. Co-ordination to prevent interference is done through the WPC Wing of DoT (India’s notifying administration at ITU), Network Operations Control Centre (NOCC) and World Meteorological Organization (WMO) for operational spectrum management.

Any applicant for an IN-SPACe authorisation is required to co-ordinate with the existing Indian satellite operators to manage the data reception from the satellite passes that clash with other Indian satellites over the same area of data reception station. The new-entrant and the incumbent operators are required to collaborate, negotiate, co-ordinate and enter into an operational/co-existence arrangement in good faith for interference-free data reception and TT&C operations over India. If found necessary, IN-SPACe may also facilitate discussions among the operators or make appropriate enforceable interventions

In any case, all authorised Space objects must be entered into India’s National Space Object Registry, and reported to the UN Register in line with the Registration Convention.

In case of any such interference, IN-SPACe can suspend/terminate operations during harmful interference or lack of co-ordination and further require data from TT&C or MCC stations for analysis or verification. IN-SPACe may intervene if an operator fails to negotiate in good faith or continues to cause interference despite notice.

Operators (ie, Indian Entities authorised by IN-SPACe) must act in accordance with international obligations, especially the Outer Space Treaty, 1967, Liability Convention, 1972, and Registration Convention, 1976. They are required to ensure that their activities do not cause harmful interference, damage, or hazards to other Space assets. Furthermore, any sovereign appropriation of any Space area, including resource extraction, is explicitly prohibited, unless explicitly authorised.

There is no formal, codified ESG (environmental, social and governance) framework specific to Space activities in India yet. However, ESG-aligned expectations are implied via (i) environmental protection laws, (ii) social accountability (public safety, national security and data privacy), and (iii) governance mandates under IN-SPACe authorisations (management control disclosures, cybersecurity and liability). These expectations are integrated into the authorisation criteria and conditions.

India follows robust mechanisms to minimise environmental impacts, as operators must comply with:

• UNCOPUOS Guidelines (2007);
• Intent for Debris-Free Space Missions launched by ISRO; and
• terms of the NGP.

Obligations include:

• designing for Post-Mission Disposal (PMD);
• avoiding long-term debris generation; and
• adopting safe orbit disposal and collision avoidance protocols.

Currently, India does not have domestic regulations specifically addressing lunar heritage or scientific zones in outer Space. However, as a signatory to the Outer Space Treaty, India is bound by obligations related to:

• avoidance of harmful contamination;
• due regard for the corresponding interests of other states; and
• prior consultation if interference with scientific activities is likely.

As for national and defence interests, several obligations are levied under the NGP whereby any authorised activities must not pose a threat to national security, intelligence and defence operations, foreign relations or public order. To enable this, IN-SPACe may suspend/terminate activities during national emergencies, and/or demand access to TT&C and MCC data for national security reasons. TT&C and MCC stations must be within Indian territory, or permission is needed for foreign location – with the right to suspend such external control.

In the absence of central legislation on this aspect, access to Earth Observation Data (EO Data) has been regulated by policy documentation from the DoS and the Department of Science and Technology (DST). Each department is responsible for enabling/regulating access to data sets.

With the Space sector reforms introduced in circa 2020, the DST modernised the framework for access to geospatial data and related services, with the introduction of the Guidelines for Acquiring and Producing Geospatial Data and Geospatial Data Services Including Maps (Guidelines) in 2021. The Guidelines remove all requirements for prior approval for use and collection of Geospatial data and related maps. The Guidelines moved away from the previous approach of restricting mapping in certain “restricted areas”, to a list of sensitive attributes which cannot be shown on any map.

In order to gain access to such geospatial data, non-Indian companies must seek to license this information from an authorised Indian entity to serve their Indian clientele. These foreign entities cannot re-use or resell the data, to be made available via APIs, to avoid any duplication on the company’s host servers.

In a mirrored approach to attract global investments and ease regulatory concerns, the use, collection and distribution of EO Data was streamlined through the implementation of the Indian Space Policy and NGP 2024, providing uniformity to the sector.

This policy framework outlines the authorisation terms for the Indian entity to obtain, collect, and gain access to satellite EO Data of <30 cm GSR (High-Resolution Data) as well as EO of >30 cm GSR (Primary Data).

The ISP has made available EO Data of GSD of >5 m, collected through ISRO satellites, available for free, and EO data of GSD of <5 m has been made available at a transparent pricing model for private entities, through ISRO-operated channels. These channels implement access to this data by incorporating necessary terms from the Guidelines into the licensing access arrangements, for access via the portals. These initiatives from ISRO are aligned with the state’s mandate to improve access to data for attracting investment in the sector for value-added services as well.

Such service providers are indirectly regulated by the NGP, additionally; while they do not require any separate authorisation from IN-SPACe, such service providers must verify source of data to ensure the data provider/disseminator of the High-Resolution Data has been so authorised by IN-SPACe, and conforms with other downstream restrictions on sharing and resell of this data.

These norms enforce a strict localisation mandate for EO Data, and ensure access is granted through proper collaborations with Indian entities, or public channels as managed by ISRO.

Strictly speaking, India does not have an equivalent for the European Union’s concept of a data space, however, the government has taken several steps to enable distribution of geospatial data to corporate entities and institutions alike.

As discussed previously, while the government retains strict control over the Space industry at large, it has enabled and provisioned for proliferation of geospatial data (collected from publicly funded satellites and equipment) via government-managed portals, for a range of purposes. ISRO manages the operations of Bhoonidhi Portal and Bhuvan Portal, to offer commercial range products for government and non-government entities. Interested entities would be required to register on the platform, and pay the necessary fees upon selection of the appropriate satellite data product (differing resolutions have different applicable rates in real-time scenarios), to avail access to the geospatial data collected by ISRO-operated satellites.

Concurrently, in furtherance of the objectives of the Geospatial Guidelines 2021, DST commenced the National Geo-Spatial Service Portal for self-certification of entities, seeking access to geospatial data and mapping data. Entities can self-certify digitally, and move to procure the necessary data products from EO Data for value-added services.

The increasing reliance on Space-based systems for global communication, navigation, and economic development has created a new set of challenges for Space cybersecurity. In the absence of specific legislation on this topic, entities are required to adhere to the terms of authorisation provided for under NGP 2024. Accordingly, applicants must adhere to best practices in the industry for cybersecurity, encryption of data, and the like.

In a bid to improve discourse on this issue, the Data Security Council of India (DSCI) and SatCom Industry Association (SIA-India) entered into a Memorandum of Understanding to boost satellite communications and cybersecurity in India’s Space ecosystem. The DSCI is an industry body committed to making cyberspace safe, and regularly works with the government and regulatory agencies to establish best practices, standards and initiatives in cybersecurity and privacy.

Furthermore, the DoT has issued security instructions for entities offering satellite broadband services, in view of national security concerns, which relate to security clearances for gateway stations, retention of records of calls/data, and restrictions on decryption of such telecom data outside India. Infrastructure localisation and restrictions on user terminals are vital elements towards ensuring protection of India’s national interests as well, which are now mandatory upon such satellite operators.

In order to streamline development efforts, interoperability requirements, risk mitigation, IN-SPACe and the Bureau of Indian Standards published the “Catalogue of Indian Standards for Space Industry” to establish baseline standards for development of Space System Program Management strategies, Systems Engineering principles and Product Assurance Mechanisms. While not strictly in relation to cybersecurity, guidelines on safety procedures and development of electrical components are relevant in all phases from procurement and production, to launch preparation, which can lend greater clarity over the level of and requirements for cybersecurity protection.

The NGP represents the primary regulatory framework, and mandates applicants to take all possible measures to limit (i) environmental harm, (ii) climate change, and (iii) the generation of Space debris in accordance with provisions of UNCOPOUS, and any future regulation by DoS on this topic. Satellite operators with launch activities would be required to seek environmental clearances through IN-SPACe as well, by submission of necessary environmental impact assessment studies.

Furthermore, while India does not designate any jurisdiction as protected zones yet, the authorisation terms under NGP require a satellite operator to adhere to any such limitations/designations imposed by foreign Space agencies like NASA and take necessary precautions to safeguard foreign Space assets. India’s accession to the Artemis Accords further mandates due respect to be afforded to lunar heritage sites, and reflects India’s stance towards greater participation in the international Space discourse.

Due to the nascent developmental stages of the industry, there are no specific legislative initiatives regarding extraction/procurement of critical Space minerals. However, authorisation terms under NGP ensure that the satellite operator/applicant cannot assert any sovereign claim over any portion of outer Space, or any resources so extracted from Space. Any activities concerning extraction and utilisation of resources must be approved by IN-SPACe on a case-by-case basis, upon delivery of necessary evidence for its use and purpose.

As discussed in 5.1 Environmental Protection in Space, NGP mandates applicants to take all possible measures to limit climate change, while conducting Space-related activities. With ISRO’s direction, India has released and participated in several global and domestic initiatives, to address climate change in relation to Space activities.

• Institution of National Information System for Climate and Environment Studies (NICES) in 2012 to put in place a national-level climate database, derived from Indian and other Earth Observation satellites for climate change impact assessment and mitigation.
• ISRO is currently developing a satellite in collaboration with the G20 initiative, for environmental and climate monitoring.
• Joint collaboration between ISRO and NASA for development of a NASA–ISRO Synthetic Aperture Radar, to monitor Earth’s ecosystems, dynamic surfaces, and ice masses, providing critical data on climate change impacts.

Operationally, applicants must undertake the necessary Launch Collision Avoidance Analysis, and implement additional safety considerations in transit through inhabited zones in outer Space (including Collision Avoidance Manoeuvre). Applicants will be required to co-ordinate with necessary satellite operators on such orbit circuits, to avoid any collisions in outer Space. This information must be made available to IN-SPACe, for registration of the particular Space object by the applicant, in accordance with the NGP 2024.

From the perspective of government actions, ISRO, in view of launch of ever-incremental Space traffic, is committed to mitigating the threat of debris mitigation through the development and implementation of advanced debris tracking systems, Space-object deorbiting technologies, and responsible satellite deployment practices, thus safeguarding orbital environments for present and future Space endeavours.

ISRO has continued to make significant strides in debris reduction and management over this period, and accomplished its first zero-orbital debris mission in early 2024. This development is significant in line with its goal to make its missions debris free by 2030.

India’s tax framework governing Space activities falls within the general tax regime, consisting of direct and indirect taxation schemes.

Direct Taxation

India’s current framework does not distinguish Space-sector businesses from other commercial sectors for the purposes of income tax. Space companies in India are generally taxed under the standard corporate tax regime, or at the concessional 22% rate on compliance with specified conditions.

Resident companies are taxed on their worldwide income, including any revenue arising from Space-related services or infrastructure. In contrast, non-resident companies are taxed only on income that is either received in India, accrues or arises in India, or is deemed to accrue or arise in India.

In the case of non-residents earning income from business activities in India or by providing services to Indian entities, taxability is dependent upon the nature of the activities and the manner of delivery, specifically, whether such activities give rise to a taxable presence in India, either by way of a “business connection” under domestic law or the creation of a “permanent establishment” (PE) under an applicable tax treaty. In the absence of a PE, non-residents may still be liable for taxation in India for any generated royalties, which are subject to withholding tax, unless reduced under a tax treaty.

India also imposes an equalisation levy, which is a direct tax imposed by India on payments made to non-resident digital service providers for digital services used by Indian users, designed to tax foreign entities without a physical presence in India on gross revenues earned by non-resident digital operators from e-commerce supplies or services to Indian customers. While this levy was not designed specifically for the Space sector, it may apply in scenarios where foreign entities provide Space-based services online.

Indirect Taxation

The indirect taxation framework is wholly transaction-based, codified within the Goods and Services Tax (GST) framework, introduced in 2017. It is a value-added tax scheme applicable to delivery of goods and services across sectors, including aerospace and Space technology. Space activities often require a combination of hardware and software, and associated services (eg, satellite communication, data delivery, and bandwidth leasing), which are taxable per the GST regime and their respective Harmonised System Nomenclature (HSN) classifications. Where a contract involves both goods and services, it may be treated as a composite supply and taxed accordingly.

Recognising the commercial importance and capital-intensive nature of the sector, the GoI announced the formulation of a dedicated Investment Incentive Scheme tailored for the Space industry, in December 2024 to offer structured financial incentives to Space-tech companies. In addition to this initiative, several fiscal measures are already in place under the extant tax framework to support the Space industry.

• Satellite launch services in India are exempt from the GST framework. This exemption was originally limited to launches conducted by government entities such as ISRO, Antrix Corporation, and NewSpace India Limited (NSIL), prior to expansion of its scope to private sector launch providers in 2023.
• To support domestic Space activities, GoI provides significant tax relief on key Space-related imports. Specifically, satellites, payloads, and ground equipment are granted exemption from both basic customs duty and Integrated GST (IGST), for testing such satellites and payloads.
• Furthermore, a reduced basic customs duty of 5%, along with a concessional GST rate of 5%, is applicable to the import of a broad range of inputs essential for Space missions. This includes scientific instruments, technical apparatus, tools, spares and modules used in the development and assembly of launch vehicles, satellites, and payload systems.

Additionally, several Indian states, aiming to become hubs for the Space industry, have rolled out their own incentive packages for private Space companies to set up manufacturing hubs and support systems.

In India, the transfer or sale of Space assets is exempt from GST. Specifically, goods classified under HSN Code 8802.60.00, which include spacecraft and satellites, and suborbital and spacecraft launch vehicles, are subject to a zero-rated GST, applicable to government and private sector entities alike. This measure is designed to stimulate domestic participation in the Space sector by reducing transactional costs associated with the transfer of such assets. The industry has called for GST exemptions on ground systems and components used in launch vehicles and satellites as well. However, these demands are currently under consideration, pending further dialogue.

The income tax treatment of proceeds from sale or transfer of Space assets depends on their classification under the IT Act. If the Space asset is essential to the company’s trading stock or used in the ordinary course of business, then any gains from its sale are treated as business income, subject to taxation. However, if the Space asset is held as a capital asset (ie, a long-term investment of the company), then its sale would be subject to capital gains tax.

The NewSpace industry is supported by a mix of government initiatives, private incubators, and foreign collaborations for funding. The opening of end-to-end activities (launch, satellites, EO, and ground infra) to non-government entities (NGEs) has positioned India as a competitive market, and the cost effectiveness in particular is attractive for the market for global smallsat, EO, and satellite broadband markets. Beyond cumulative Private Equity and Venture Capital interests that value over USD350 million, there is also a bullish interest from the government to push innovation, with the establishment of a INR1,000 crore (USD118.6 million – INR1 crore equalling INR10 million) Venture Capital Fund to support start-ups at different stages of development, to be centrally managed by IN-SPACe.

Owing to the requisite FDI norms for the Space Sector, spin-offs are invariably expected to happen. While it is not a trend yet, any developed Space company in the future is likely to indulge in it to ensure operational continuity. So far, the authors have not observed any equity carve-outs, or otherwise pure spin-offs.

Indian start-ups have observed a keen interest from venture capital firms with fast-tracked fund-raising to meet market demands and compete in global markets. These included domestic VCs, international VC firms, and even corporates and strategic buyers who intend to augment their own offerings. Such keen interest has allowed private industry leaders like Pixxel (for EO Data usage), Dhruva Space (launch systems), and SatSure to raise and generate valuations of USD20–40 million over recent years.

Financing of Space activities has grown substantially post-2020, driven by regulatory liberalisation and improvement in cost-effective Space technologies. Venture capital (VC) and private equity (PE) firms, both domestic and international, are actively funding Space-tech start-ups across segments like launch vehicles, satellite manufacturing, EO analytics, and satellite IoT. Strategic corporate investments are also increasing, with conglomerates and tech companies seeing Space infrastructure as synergistic with telecom, defence, and analytics interests.

Most of this funding takes the form of equity (common or preferred), convertible instruments, and strategic equity deals tied to commercial partnerships. However, it is notable that India is promoting a range of PPP models to expand Space sector capabilities beyond ISRO. These include Build-Operate-Transfer (BOT), co-development agreements, and revenue-sharing arrangements – especially in the domains of satellite manufacturing, capacity leasing, and Space infrastructure deployment.

Debt financing in India’s Space sector is still in its nascent stages due to the high-risk and asset-light nature of most Space-tech ventures. Commercial bank lending is limited, especially for upstream ventures like launch or manufacturing, where returns are long-tailed and collateral is difficult to secure. However, infrastructure-heavy projects may find support from developmental financial institutions like SIDBI (Small Industries Development Bank of India) or IREDA (Indian Renewable Energy Development Agency Ltd), especially where greenfield satellite communication or Earth Observation services are involved.

India has introduced several investor-friendly features to attract investment in Space activities, primarily through the Indian Space Policy 2023 and IN-SPACe’s regulatory framework by opening the sector up for non-government entities. Key measures include the liberalisation of the FDI regime (allowing up to 100% foreign investment in various sub-sectors), an authorisation mechanism via IN-SPACe, and guidelines for satellite launches, operations, and ground infrastructure. The government also encourages private participation through PPPs, viability gap funding, and use of ISRO facilities.

Foreign investment in Space activities in India is permitted but regulated, with specific caps and restrictions based on the nature of the activity. FDI limits by activity are as follows:

• up to 74% FDI (automatic route) for satellite manufacturing and operations, including establishing satellite systems and providing satellite services (excluding remote sensing);
• up to 49% FDI (automatic route) for ground segment infrastructure such as satellite control centres and telemetry, tracking, and command (TT&C) stations; and
• up to 100% FDI (automatic route) for manufacturing of Space-related components and systems/sub-systems.

Any investment above the automatic route thresholds requires prior government approval.

NewSpace fundraising in India uses conventional early- and growth-stage start-up documentation – SSA, SHA, and Term Sheets – but incorporates sector-specific diligence and compliance elements related to Space law, export control, IP licensing, and regulatory authorisations. Investors often request representations and warranties around IN-SPACe clearances, spectrum filings, dual-use technology, and strategic security restrictions. While transactional mechanics mirror those of other tech sectors, Space-specific risks and asset characteristics demand careful attention in documentation and negotiation.

Due diligence in NewSpace fundraising or M&A requires specialised expertise in Space technology, telecommunications laws, and various related regulations, and it is more complex than traditional tech or aerospace sectors due to the heavy regulatory environment and complex nature of Space activities. While the specific scope of due diligence is context-dependent, shaped by the company’s business model, whether as a launch service provider or a geospatial data company, it typically involves an additional review of the following.

• Licences and permits – confirming all necessary Space operation licences (launch, frequency spectrum, and ground stations), export controls, and government approvals.
• Regulatory adherence – check compliance with national Space policies (eg, IN-SPACe in India), ITU filings, satellite registration, and international treaties.
• Export control laws – analyse compliance with ITAR, EAR (US), or applicable local export restrictions on Space technology.
• Environmental and safety regulations – assess adherence to Space debris mitigation guidelines and ground operation safety standards.

The processes for liquidity events in Space sector investments generally follow similar frameworks as in other tech or aerospace investments but with some industry-specific nuances due to regulatory and commercial complexities. Liquidity options for investments in the Space sector typically include:

• Initial Public Offering (IPO), where the company lists its shares on a stock exchange after meeting regulatory and disclosure requirements;
• Trade Sale or Strategic Acquisition, involving the sale of the company to a larger firm with due diligence and government approvals;
• Secondary Sale, where existing investors sell their shares privately to new investors subject to the rights of first refusal and compliance;
• Buyback or Redemption, where the company repurchases shares from investors, often requiring regulatory consent;
• Merger, combining with another entity to provide investors liquidity through share exchange; and
• Liquidation or Exit, where assets are sold off during winding up, potentially returning capital to investors after debts.

Each option involves additional Space-sector-specific considerations like export controls, technology transfer restrictions, regulatory clearances, and valuation complexities, reflecting the unique challenges and longer timelines typical of Space industry investments.

The involvement of securities markets in financing Space activities in India is still in its early stages. Due to the nascent nature of NewSpace companies, public offerings and trading of Space-related securities on stock exchanges will require a gestation period, and it is expected that Indian Space tech firms will begin listing on these exchanges over the next few years.

Meanwhile, certain listed companies, legacy and new alike, have diversified into the Space sector. Currently, the participation of these companies represents the limited extent to which India’s securities markets engage with the Space sector. However, with emerging technologies and as recent investments mature, the securities market is expected to play a much more substantial role in financing Space activities in the near future.

India’s patent law is governed by the Patents Act, 1970 (as amended) (“Patents Act”), which confers exclusive rights upon the patent holder. It contains no specific carve-out for Space-related inventions, and such inventions are patentable in India on the same basis as any other inventions, provided they satisfy the statutory criteria.

Indian patents are territorial in nature, granting rights enforceable solely within India’s jurisdiction. A patent holder may thus prevent others from making, using, selling, or importing the patented invention within India and may seek remedies for infringement through Indian courts. Activities conducted entirely outside Indian territory, such as on a spacecraft not under Indian jurisdiction, generally fall beyond the automatic jurisdictions of Indian patent laws. India currently lacks explicit statutory provisions extending intellectual property (IP) rights into outer Space, and absent any such nexus to India, the protection and enforcement of a patented invention in outer Space lies outside the purview of Indian IP laws. That said, a potential basis for protection and enforcement may arise under Article VIII of the Outer Space Treaty, where a nexus to India exists.

For instance, if an Indian-patented technology is utilised on a spacecraft registered in India (or launched therefrom), arguments could be made that Indian jurisdiction, and thus by extension Indian patent law, applies to that Space object. India’s ratification of the Registration Convention of 1975, which mandates registration and attributes jurisdiction and control to the launching state over registered Space objects, supports the application of Indian law (including IP laws) aboard Indian-registered craft, establishing a quasi-territorial jurisdiction.

NewSpace companies in India adopt a measured and pragmatic approach to IP protection, carefully balancing statutory requirements and cost constraints against the still-nascent economics of their commercial operations. In view of the requirements of the Patents Act for each resident to seek protection domestically, prior to overseas patent applications, the Indian Patent Office has become the gravitational centre for Space-technology portfolios in India. In practice, NewSpace start-ups in India secure at least one patent in India to satisfy investors’ demand for verifiable novelty while often postponing the expense of multi-jurisdiction prosecution. Due to the geographical differences with launch sites and service markets, companies seek to preserve the secrecy of subsystems unless a compelling commercial rationale justifies disclosure. When ventures do go global, they invariably employ a Patent Cooperation Treaty (PTC) application that can later be nationalised in chosen jurisdictions.

ISRO adopts a related but distinct posture, through its commercial arms, which hold hundreds of Indian and foreign patents, yet deploy them chiefly for technology transfer to private industry under “Make in India” technology-transfer programmes, rather than to protect exclusivity.

The commercial Space sector in India relies heavily on collaborative frameworks, more so than many other industries. As a consequence, the allocation and treatment of IP rights in such partnerships are uniquely structured to balance proprietary interests with operational interoperability. These alliances are often essential to pool financial, technical, and regulatory capacities in a domain where project scales and associated risks are substantial. Partnerships are typically governed by detailed contractual frameworks that dictate ownership of IP. The prevailing model relies on a delineation between “background IP” (pre-existing rights) and “foreground IP” (newly created during the course of the engagement). Typically, each party retains ownership of its background IP, while foreground IP is allocated based on contribution, development responsibility, or specific contractual provisions.

Unlike 35 USC Section 105 (Inventions in Outer Space) in the US patent law, India does not have any specific IP regulation for Space activities. That said, a major development is the pending Draft Space Activities Bill (last draft circulated in 2017), which seeks to regulate and license private Space activities in India. However, its approach to IP has drawn criticism from industry, as Clause 25 of the draft Bill provides that any invention or discovery made in outer Space pursuant to an Indian Space activity would not be entitled to IP protection for the inventor; instead, all IP rights in such Space-made inventions would vest with the GoI. The draft bill has not yet been passed into law, and is expected to undergo significant revisions to better balance regulatory oversight with proprietary rights. As it stands, the extant governing law remains the Patents Act.

In India, the practice of inclusion of arbitration clauses in Space-related commercial contracts is well-established, evident across government and private sector engagements. NSIL routinely includes arbitration provisions in its contractual frameworks. It conducts its commercial operations through Requests for Proposals (RFPs) issued to private sector entities, and the standard terms in these RFPs, which are publicly accessible, typically contain arbitration agreements. These clauses are governed by the Arbitration and Conciliation Act, 1996, and generally designate an Indian seat of arbitration, most frequently in Bangalore.

For Space-related commercial contracts, when NewSpace companies partner with government entities, they are generally bound by the domestic arbitration clauses favoured by those agencies (as seen with NSIL’s RFP), meaning Indian-seated arbitration under Indian law. On the other hand, companies that have foreign investors and/or international customers tend to introduce a more neutral arbitration clause into their agreements, reflecting preferences for neutral arbitration centres and venues.

Additionally, the NGP explicitly mandates, under its “Terms of Authorisation”, that any disputes be resolved through domestic arbitration administered by the Gujarat High Court Arbitration Centre in Ahmedabad.

India was a respondent in one of the most prominent cases, involving investor–state arbitrations between Devas and Antrix, which led to parallel proceedings across multiple legal forums.

In 2005, Antrix Corporation entered into an agreement to lease S-band transponder capacity on two satellites to Devas Multimedia for the provision of multimedia broadcasting services. However, in 2011, Antrix terminated the contract, invoking force majeure and citing national security concerns, following the Indian government’s decision to reclaim the spectrum. The termination led to three separate and concluded arbitrations: a commercial arbitration under the Indian Chamber of Commerce (ICC) Rules between Devas Multimedia and Antrix Corporation, and two investor–state arbitrations brought by Devas’ shareholders against the Republic of India under the India–Mauritius Bilateral Investment Treaty (1998) and the India–Germany Bilateral Investment Treaty (1995), respectively. Devas and its shareholders prevailed in all three proceedings, securing favourable arbitral awards. Subsequently, Devas and its investors pursued enforcement actions in multiple jurisdictions worldwide, seeking to execute the awards through the attachment of Indian assets abroad. In 2022, Devas’ shareholders initiated a fresh investor–state arbitration, alleging “judicial expropriation” arising from the liquidation of Devas Multimedia by Indian courts, which they contend was orchestrated to frustrate enforcement of the earlier ICC arbitral award. This arbitration is currently pending before the Permanent Court of Arbitration.

To date, there have been no other publicly documented investor–state arbitration proceedings of material significance in India’s commercial Space sector.

The disputes arising from contracts in the Space sector have largely been addressed through arbitration rather than public litigation, and a pivotal moment in this context was the Antrix–Devas (see 9.2 Investor–State Arbitration) which exposed critical gaps in India’s legal and regulatory infrastructure governing commercial Space agreements, and gave momentum to policy/regulatory changes. India does not have codified Space legislation yet, and the jurisprudence directly addressing Space-related issues remains limited.