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

I keep receiving unsolicited marketing calls and SMS even though I've registered for Do Not Disturb. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

I'm getting constant spam calls and messages despite being on DND, what's my legal remedy? is governed in India primarily by Telecom Commercial Communications Customer Preference Regulations, 2018 (TRAI), Information Technology Act, 2000 – Section 66A (struck down, note) and Telecommunications Act, 2023. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

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 the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Telecom Commercial Communications Customer Preference Regulations, 2018 (TRAI) carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. 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 this practice area.

Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.