Category: Cyber Law

Introduction

Nowadays, mobile phones play a pivotal role in life in terms of communicating with others. Due to this, people are being harassed in different ways; some brands or companies call you multiple times for their promotion/marketing purpose of the product or many times, people get harassed, unwanted phone calls, Bullying, lottery or making fools through the money transfer. One of which is unwanted phone calls. In this type of phone call, the other person is threatened, or his dignity is abused, and it becomes more dangerous because the other person on the phone call is entirely unknown. That’s why we should be alert for unknown calls, which are known as harassment calls in India. These can have serious consequences, including putting innocent people at risk and wasting valuable police resources. In some cases, they can even lead to violence or death.

How to identify harassing calls

The following forms can identify a harassing call:-

1. Repeated calls: Repeated calls refer to receiving calls continuously in a short period from the same number & the other party refused to accept the call.
2. Marketing calls: When companies make promotional/marketing calls to potential customers at irregular times or do it in your busy work time.
3. Impersonation: An impersonation call is a phone call where someone pretends to be someone else, usually to deceive or defraud the other party on the call.
4. Obscene or offensive behaviour: Making inappropriate obscene comments by calling or engaging in sexually explicit conversations without consent.
5. Prank calls: A call where the caller intends to embarrass or disturb the person answering the call. It can also be illegal.

Data relating to harassment calls

India has the highest percentage of women reporting harassing calls. According to the Truecaller report, 8 out of 10 women are getting harassing calls and messages, and some women are getting inappropriate and sexual content. According to a statistic, it has actually decreased from last year. [1]

A study found that sometimes women give their phone numbers where they are shopping, participating in concerts, or any other place they get harassing calls from there. A Study found that only 12% of people report to the police, and the remaining people ignore or block the number of the harasser.

Legal challenges in addressing Harassment calls

Harassment calls have become a big issue in India, but several legal challenges complicate the addressing and solving of this problem. These challenges arise from the gaps in existing laws, enforcement issues and the evolving nature of digital technology that makes tracking and prosecuting offenders.

Following is the breakdown of the legal Challenges:

1. There is no specific provision for harassment

There is not a specific law that deals with the harassment calls. This creates confusion about the existing laws when trying to apply the legal provision to a particular issue. Example: Bharatiya Nyaya Sanhita 2023 section 78 (Stalking). This section may apply to repeated calls, but this section does not always cover harassment calls.

2. Overlapping of the legal Provisions

Multiple laws could apply to harassment calls, but it depends on the nature of the call. The overlapping can cause confusion and delays in the procedure and evidence. Example: Bharatiya Nyaya Sanhita 2023 apply to the threats made by calls, but the (IT Act 2000, Section 66C & 66D ) might used if the caller is using fake identities.

3. Difficulty in proving intent

One of the most significant issues is the difficulty of proving intent behind the harassment calls. If a person has an important meeting with someone and is calling repeatedly, it may not be covered under harassment calls.

4. Jurisdictional Issue

The harassment calls can be originated from India or even from another country. When the caller uses spoofed numbers, it becomes more difficult for authorities to track the source of calls & this creates a jurisdictional problem.

5. Delays in the complaint registration & Legal proceeding

The victim of harassment calls faces various problems when registering the issue at the local police station or when cases are filed. The legal system is slow & it takes time to investigate those cases, especially when the harasser is out of the limit of India. This thing discourages the victims from pursuing justice.

6. Lack of awareness of the victim

Many victims of harassment calls don’t know their rights and the legal steps that they can take against the harasser, or the victim may not be in the strongest position to take legal action against the harassment calls & the harasser.

7. Misuse of the Legal provision

If a separate law/act is made to deal with the harassment calls, there is the possibility those provisions can be misused. Individuals may falsely accuse someone of harassment.

Legal Provisions against Harassment calls

Bharatiya Nyaya Sanhita 2023:

• Section 78 (Stalking) – when any person is making repeated calls, it’s covered under stalking, and it is punishable by imprisonment of up to 3 years. It shall also be liable for a fine.
• Section 79 – when any person insults or outrages the modesty of a woman by obscene or lewd calls to women, it is punishable by imprisonment for up to 3 years and also with a fine.       
• Section 351(1)(2) – when a person threatens over calls, it will be covered under the harassing calls, and it is punishable by imprisonment for up to 2 years or with a fine or with both.
• Section 351(4) – when any person makes threatening calls without revealing his identity, it is punishable by imprisonment for up to 2 years or with a fine or both.

The Information Technology (IT) Act, 2000

This act has various specific provisions to deal with online crimes and harassment through calls/messages and digital platforms.

• Section 67 (Publishing or Transmitting obscene Material electronically) – If a caller sends sexually explicit texts or images or makes obscene video calls. (Example: send pornography via WhatsApp.) It is a violation of this section and shall be punishable with imprisonment for up to 3 years or a fine of 5 lakh.
• Section 67A (Publishing or Transmitting Sexually Explicit Content) – If someone sends pornographic video images or engages in sexually explicit video calls, it shall be punishable with imprisonment up to 7 years or a 10 lakh fine. (Example: a harasser making video calls to display explicit acts or sending pornographic links.)

The Indian Telegraph Act, 1885

• Section 20 (Establishing, maintaining or using an unauthorized telegraph) – If someone uses an unregistered SIM card, a fake identity or unauthorized telecom equipment to make harassing calls, they shall be punished with a fine of up to 1000rs or imprisonment of up to 3 years, or both.
• Section 25 (Intentional Damaging or Interference with Telegraph lines)– When a person illegally taps, intercepts or manipulates communication networks to harass someone, they shall be punished with up to 1000rs or imprisonment of up to 3 years, or both.

The Sexual Harassment of Women in Workplace (prevention, prohibition and Redressal) Act, 2013

This act is known as the POSH Act. This act deals with sexual harassment that women face at work; this act ensures that workplaces are safe for women and protects women from harassment. [2] It also prohibits harassment, which is done through calls, messages or any other digital communication.

TRAI (Telecom Regulatory Authority of India) Guidelines

• TCCCPR, 2018- block spam/promotional calls; the user can activate DND by dialling 1909
• Call Blocking & Complain – Report harassment to telecom providers for action.
• KYC Verification – Prevents anonymous SIM misuse for harassment.
• AI-Based spam filtering (2023) – Auto-detects and blocks fraud/harassing calls.
• Penalties for Violators – Repeated offenders face a number of disconnection & fitness.

Protection mechanism for the victims of harassing calls

• Call Recording – If you are getting continued harassment phone calls. Make sure to record all calls or turn on the auto-call-recorder on your phone. And take down as much information as you can about the harasser because you may need it as evidence later.
• Block the number from the phone – All phones allow blocking any number directly by phone. That means the phone doesn’t even ring when that caller tries to call you. This is a fantastic feature of the entire phone.
• Inform the phone providers – All companies have the same policy for dealing with harassing calls. They may be able to trace the caller or stop the calls from that number. You should also complain to the police station about those harassment calls.
• Public awareness and support: Educating the public about the dangers of harassment calls can help to prevent them from occurring in the first place. This can be done through public awareness campaigns, workshops, and other educational programs.
• Filing a complaint with authorities – If you are the victim of continued call & message harassment. You should complain to the police and take legal action against the phone harasser. If you avoid these things, then the harasser will continue to harass you. You should take these steps to take the legal action against the harasser:
  • Step 1: you can call the supportive number given on the website of the women support helpline (https://www.ncw.nic.in/helpline)
  • Step 2: file a formal complaint of the harassment call with the National Do Not Call Registry (.gov) by calling 1888-382-1222
  • Step 3: (For Female Only) 1091 is the national women’s helpline number. All women should use this number to complain about all types of harassment calls, and after the complaint, the appropriate authority will take action against the harassers.
  • Step 4: (Dial 100) In this number, both males and females can complain about the harassment calls. This is the emergency calling number for police help in India[3].

Judicial precedents relating to Digital Harassments

• A landmark judgment, Suhas Katti v/s State of Tamil Nadu[4], where an accused posted obscene and defamatory messages about the victim in Yahoo messenger groups. The accused also created a fake account in the name of the victim. They forwarded explicit emails, which led to her receiving phone calls from individuals under the impression that she was soliciting sex work.

The court held that the accused is liable under section 67 of the Information Technology Act, 2000 and sections 469 and 509 of the India Penal Code, 1860. The accused was convicted of two years of rigorous imprisonment and a fine of 4000 rupees. It was the first case of a conviction for cybercrime under the Information Technology Act 2000[5].

• Another landmark judgment, Shreya Singhal v/s Union of India[6], where a woman posted a post criticizing the shutdown of Mumbai, and she was arrested under section 66A of the Information Technology Act 2000.

The Supreme Court declared unconstitutional and struck down Section 66A of the Information Technology Act, 2000 and held that the provision was violative of Article 19(1) (a) Freedom of speech and expression and did not satisfy the test of “reasonable restrictions” under Article 19(2). This judgment protects free speech and expression while also establishing that any restrictions imposed should be precise and not open to arbitrary interpretation.

Recommendation/suggestion for future reforms

1. Introduce a dedicated anti-harassment calls law: Enhancing the existing law, which covers harassment calls, or introducing a new law relating to harassment calls and giving the exact definition of the harassment calls will help to prevent them. It can also be possible by amending the existing law, i.e. Bharatiya Nyaya Sanhita, 2023 or Information Technology Act 2000.
2. Establishment of fast-track courts: It is necessary to establish fast-track courts which deal with only harassment calls to resolve the issue of high pendency of cases and to ensure a speedy trial.
3. International cooperation: India should take proper action against harassment calls by cooperating with other countries and international bodies to prevent them. This may help reduce the number of harassment calls.  
4. Enhance technologies: Encourage the development and use of technological solutions, such as the automatic blocking of repeated calls or spam calls to help users filter out unwanted calls.
5. Public awareness campaign: The state or central government should conduct public awareness campaigns to educate the people about their rights and other available resources relating to harassment calls. This can also be achieved through the educational program. 

Conclusion

Harassment calls in India have become a serious concern, affecting individuals’ privacy, security, and mental well-being. While existing laws like the BNS, IT Act, Indian Telegraph Act and TRAI regulations offer some protection, the lack of a dedicated legal framework, enforcement challenges, and jurisdictional issues make addressing the problem complex. Victims often face difficulties in proving intent, registering complaints, and navigating slow legal proceedings. To effectively combat harassment calls, a multi-pronged approach is needed, including the introduction of a specific law, stricter enforcement, fast-track courts, and advanced technological solutions like AI-based call filtering. Additionally, public awareness campaigns and international cooperation can help curb cross-border harassment. By implementing these measures, India can create a safer communication environment and protect individuals from unwanted and harmful calls.

References

[1] ‘WE Staff’, ‘India has Highest Percentage of Women Reporting Harassing Calls; Here’s How to Secure Yourself’ (Women Entrepreneurs Review) < https://www.womenentrepreneursreview.com/viewpoint/india-has-highest-percentage-of-women-reporting-harassing-calls-here-s-how-to-secure-yourself-nwid-2172.html > accessed 26 April 2025

[2] ‘Case: Shreya Singhal v Union of India’ (Dhyey IAS) < https://www.dhyeyalaw.in/shreya-singhal-v-union-of-india> accessed 26 April 2025

[3] ‘How to legally deal with Phone call harassment’  (lexforti, 1 August 2020) <https://lexforti.com/legal-news/phone-call-harassment/>  accessed 24 April 2023

[4]  CC No. 4680 of 2004

[5] ‘Case Analysis’ (Testbook, 22 April 2025) < https://testbook.com/landmark-judgements/state-of-tamil-nadu-vs-suhas-katti > accessed 27 April 2025

[6] AIR (2015) SC 1523