I'm getting constant spam calls and messages despite being on DND, what's my legal remedy?

Question

I keep receiving unsolicited marketing calls and SMS even though I've registered for Do Not Disturb. I would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Telecom Commercial Communications Customer Preference Regulations, 2018 (TRAI) is the starting point for this cyber law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

Under TRAI's Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018, registering for DND (Do Not Disturb) via 1909 or the DND app obligates telecom operators and registered telemarketers to stop unsolicited commercial calls/SMS, with financial disincentives on the telemarketer for violations.

You can report violations directly through the DND app, by SMS to 1909, or by calling 1909, giving details like the calling number, date, time and category of the call — TRAI's system automatically levies penalties on registered telemarketers found violating repeatedly.

Unregistered telemarketers/scam callers using unregistered numbers to spam or defraud fall outside TRAI's telemarketer framework and should instead be reported to the Chakshu facility on the Sanchar Saathi portal (sancharsaathi.gov.in), a fraud communication reporting tool.

Persistent harassment beyond mere marketing spam (e.g., abusive or threatening calls) can additionally be pursued as criminal intimidation or harassment under the Bharatiya Nyaya Sanhita, separate from the TRAI regulatory complaint.

Do note Section 66A of the IT Act (which used to penalise 'annoying' messages) was struck down as unconstitutional in Shreya Singhal (2015), so this route is not available for mere spam.

What to do next: 1) Register on the National DND registry via 1909 or the DND app if not already done; 2) Report specific spam numbers via the DND app or the Chakshu facility on Sanchar Saathi; 3) Escalate persistent violations to your telecom operator's nodal officer; 4) File a police complaint separately if calls involve threats or fraud.

If you are unsure whether your facts fall inside Telecom Commercial Communications Customer Preference Regulations, 2018 (TRAI), that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in cyber law.