If you are stuck in such a situation, here is what to do.

Mr. Verma, a resident of Amanpur, found himself in a frustrating situation. He was being relentlessly called by a representative from a company named “GlobalCart Enterprises.” Despite his repeated requests to be removed from their call list, a person named Rohan would call him regularly from the number +91 98765 43210. The calls became a source of significant annoyance and harassment for Mr. Verma, who felt his peace was being constantly disturbed. Fed up with the incessant calls, he began exploring his legal options to put an end to this behaviour.

Advice in such cases

• Inform the caller clearly and firmly that you do not wish to receive any more calls. Make a note of the date and time you made this request.
• Do not engage in arguments or use abusive language, as this could potentially complicate your position.
• Maintain a detailed log of all calls received, including the date, time, duration, and the number from which the call was made.
• If possible and legal in your context, record the conversation where you explicitly ask them to stop calling.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

While a single unwanted marketing call is not a crime, persistent calling after being asked to stop can be construed as harassment. The primary recourse is not under the Bharatiya Nyaya Sanhita (BNS) unless it escalates, but under telecom regulations.

• Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR): This is the most direct regulation. It empowers consumers to register their numbers on the National Do Not Disturb (DND) Registry. If you receive unsolicited commercial communications despite being registered, you can file a complaint with your telecom service provider, who is obligated to take action against the calling entity.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the nature of the calls becomes threatening, abusive, or intended to cause alarm, specific sections of the BNS could apply. For instance, Section 85 (Criminal Intimidation) could be invoked if the caller threatens you with injury to your person, reputation, or property.
• Information Technology Act, 2000: If the harassment occurs via electronic means like email or messaging apps along with calls, certain provisions of the IT Act could be relevant, especially if the content is obscene or violates privacy.

If you are the complainant

• First, ensure your number is registered on the DND list. You can do this by sending an SMS “START 0” to 1909 or through your service provider’s app.
• If calls persist after 7 days of registration, file a complaint by calling or sending an SMS to 1909, detailing the telemarketer’s number and the date/time of the call.
• Keep a record of the complaint number provided by your telecom operator.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• If the calls escalate to threats or abuse, you should file a complaint with the local police, providing all the evidence you have gathered.

If you are the victim

• Your primary identity in this situation is that of a victim of harassment. Do not get intimidated by the caller.
• Preserve all evidence meticulously. This includes call logs, screenshots, and any messages. This documentation is crucial for any formal complaint.
• Block the number on your phone to get immediate relief from the calls while you pursue formal action.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Follow the complaint procedure under the TCCCPR regulations as a first step. This is often the quickest way to resolve such issues.

How the police behave in such cases

In cases of telemarketing annoyance, the police might initially direct you to file a complaint with the telecom authorities (like TRAI or your service provider) as it is considered a regulatory issue. They are unlikely to file an FIR for simple unsolicited calls. However, the police will take the matter seriously and register a complaint under the relevant sections of the BNS if you can provide evidence that the calls have become threatening, obscene, or are part of a larger stalking or extortion attempt. Their action will be based on the severity and criminal nature of the harassment.

FAQs people normally have

What evidence is required?

• Screenshots of your phone’s call log showing the repeated calls from the same number.
• The specific phone number of the telemarketer.
• Dates and times of the calls.
• A complaint reference number if you have already reported it to your service provider via the 1909 service.
• If the harassment escalates, any call recordings, text messages, or emails containing threats or abuse are critical pieces of evidence for a police complaint.

How long will the investigation take?

A complaint filed with your telecom service provider under DND regulations is typically addressed within 7 to 15 days. The operator will issue a warning or levy a penalty on the telemarketer. If a police investigation is initiated due to criminal intimidation or other offenses, the timeline can be much longer. It would involve tracing the caller, gathering evidence, and following the procedure laid out in the Bharatiya Nagarik Suraksha Sanhita (BNSS), which can take several weeks to months depending on the case’s complexity.

Advocate Sudhir Rao, Supreme Court of India