Discovering that your luggage is missing after a flight is a stressful experience. However, as a passenger, you are protected by specific legal frameworks that define an airline's liability. Understanding these laws is crucial to ensuring you receive fair compensation for delayed, lost, or damaged baggage.

The applicable regulations depend on whether your journey is international or domestic. Below is a detailed breakdown of your legal rights under the current 2025 regulations.

1. International Travel: The Montreal Convention 1999

For most international flights, including those with connecting legs on the same ticket, passenger rights are governed by the Montreal Convention 1999 (MC99). As a signatory, India adheres to these rules for international carriage.

Key Legal Provisions

• Strict Liability Principle: The airline is strictly liable for the loss of or damage to checked baggage. You do not need to prove the airline was negligent; you only need to show the incident occurred while the bag was in their custody.
• Fixed Liability Limits (SDR): The Montreal Convention sets a fixed liability limit per passenger, independent of the baggage weight.
  • Current Limit (2025): The liability cap is set at approximately 1,288 Special Drawing Rights (SDR) per passenger.
  • Value: This fluctuates with exchange rates but is approximately equivalent to ₹1,45,000 INR (or ~$1,700 USD).
• Compensation for Delay: In cases of baggage delay, the airline is liable for "damage occasioned by the delay." This provides for Interim Relief—the reimbursement of necessary expenses for essential items such as clothing and toiletries purchased during the delay.

2. Domestic Travel (India): DGCA Civil Aviation Requirements

For flights operated entirely within India, passenger rights are defined by the Directorate General of Civil Aviation (DGCA) under its Civil Aviation Requirements (CAR), Section 3, Series M, Part IV.

Compensation and Relief

• Lost or Damaged Baggage: For domestic flights, the compensation for lost or damaged baggage is typically capped at a maximum of INR 20,000 per passenger. This limit applies unless the passenger has declared a higher value at check-in and paid the requisite "Excess Valuation" charge.
• Delayed Baggage & Interim Relief: Airlines are mandated to have a published policy for providing interim relief to passengers if checked baggage is not delivered within 24 hours of arrival. The amount is intended to cover basic immediate necessities and varies by airline.
• Calculating Compensation: While some airlines may propose compensation based on a per-kilogram formula (e.g., INR 350/kg), consumer courts have established precedent for awarding higher compensation reflective of the actual loss and mental agony caused by the service deficiency.

3. The "Delayed" vs. "Lost" Timeline

A crucial aspect of managing your claim is understanding when a delayed bag is officially classified as lost.

• The 21-Day Rule: Under established international aviation protocols (including MC99), if a bag has not been delivered to the passenger within 21 days of the flight's arrival, it is officially considered "lost."
• Claim Transition: Once this 21-day threshold is crossed, your claim shifts from a reimbursement for essential items due to delay to a claim for the full value of the baggage and its contents, subject to the applicable liability limits.

4. Procedural Steps for a Valid Claim

To protect your right to compensation, you must adhere to a strict procedure:

1. File a Property Irregularity Report (PIR): You must file a PIR at the airline's baggage service desk in the arrival hall before leaving the airport. This document is your primary evidence of the incident.
2. Retain Original Receipts: For delayed baggage claims, you must provide original, itemized receipts for all essential purchases. Credit card slips alone are often insufficient.
3. Document Your Valuables: It is advisable to keep records, such as photographs or purchase receipts, of your luggage and its contents to substantiate your claim in the event of a loss.
4. Maintain Written Communication: Conduct all follow-up communications with the airline via email to establish a verifiable timeline and paper trail of your efforts to resolve the issue.