How to Report Harassing Phone Calls: Step-by-Step Guide

Aggressive telemarketing, banking scams & threatening harassment calls have emerged as one of the major concerns for Indians in the past few days, and the worst part is they not only drain resources but also cause severe mental stress and invasion of privacy. Blocking the numbers on personal devices may provide individuals with temporary relief from spammers, but curbing this behaviour has become essential for them these days. Thanks to centralised digital reporting facilities, you can now take direct action against such malpractices. In this blog, we will walk you through the exact steps to report harassing and fraudulent callers, detail the best official portals to use, and show you how ODR can help you swiftly resolve commercial disputes, like unauthorised banking and telecom charges, without ever visiting a courtroom.

What is Call Harassment?

Phone call harassment refers to any sort of repeated, unwanted or malicious communication that is intended to threaten, intimidate, or disturb (severely) an individual. 

Distinguishing Between Different Types of Harassing Phone Calls

Let’s have a deeper look into the intent and legal standing of “harassment calls” to determine how they should be handled, the applicable laws, appropriate authorities to file a complaint against these, and whether ODR is suitable for specific scenarios or not. 

[Note: This is for your quick understanding; we will talk about the applicable laws and competent authorities later in this blog.]

4 Other Types of Harassing Phone Calls Include:

1. Loan Recovery Harassment Calls

When loan or credit card recovery agents implement abusive/illegal tactics and call you at inappropriate hours, use foul language, or contact you at your workplace.

2. Debt Collection Intimidation Calls

Include persistent, threatening, or deceptive calls from collectors to coerce payments & threat calls (public shaming)

3. Stalking Through Repeated Calls

Refer to relentless calls, intended to intimidate, monitor, or distress the victim.

1. Obscene Or Sexually Explicit Calls

These are unsolicited calls that involve vulgar, sexually explicit remarks, inappropriate suggestions, causing intense emotional distress.

Is Call Harassment Illegal in India?

Yes. Repeatedly calling someone to threaten, harass, or annoy is a criminal offence, and offenders may attract legal action under applicable laws, including substantial fines and prison time if found guilty.

The Key Legal Provisions to Address These Include:

1. Indian Penal Code (IPC) / Bharatiya Nyaya Sanhita (BNS)

The below-mentioned offences are primarily governed by the BNS, which replaced the colonial-era IPC.

Criminal intimidation

• BNS Section 351, which replaces IPC Section 503, applies when someone threatens (about physical injury) you, tries to damage your reputation or harm your property or forces you to do something that you are not legally bound to do. Under this section, the perpetrator may face imprisonment for up to 2 years, hefty fines, or both. 
• If you get death threats or it involves a hint of physical harm and destruction of property by fire, the caller may face imprisonment for up to 7 years under (Section 351(3) BNS). 
• If you get calls from anonymous callers (individuals desperately trying to conceal their own identity), an additional 2 years of imprisonment is added to the standard sentence under (Section 351(4) BNS).

Outraging Modesty through Communication

BNS Section 79, which replaces IPC Section 509, specifically criminalises words intended to insult the modesty of a woman spoken over the call. Also, it applies when a woman’s privacy is intruded upon. The perpetrator usually faces up to 3 years of imprisonment. 

Intentional Insult

BNS Section 352 replaces IPC Section 504 and applies to harassment calls where the caller intentionally insults someone to provoke or breach the public peace. The caller may face imprisonment for up to 2 years and might have to pay a hefty fine or both.

2. Information Technology Act, 2000

This Act may apply where electronic communication or computer resources are involved, if the caller uses electronic resources, and the specific provisions include:

Section 66D: Applies when the caller uses a fake identity or a fake profile to defraud, extort, or trick you.

3. Telecom Commercial Communications Customer Preference Regulations (TRAI)

Repeated calls from telemarketers or persistent promotional numbers are classified as Unsolicited commercial communications (UCC) and are governed and penalised under TRAI’s TCCCPR regulations.

4. Consumer Protection Act

Section 2(47) of the CPA Act, 2019, applies to any sort of unfair or deceptive trade practice that involves sales, product promotions, uses, or supplies of any goods or for the provision of any services, and adopts any sort of unfair method.

When Should You File a Call Harassment Complaint?

You should take strict action if you come across any of the below-mentioned situations:

• Repeated unwanted calls
• Threats or abuse
• Extortion attempts 
• Financial fraud attempts
• Fake customer support calls
• Illegal recovery practices
• Identity theft attempts
• Debt collection abuse
• Intentional distress
• Persistent Spam/telemarketing

11 Common Reasons Why Call Harassment Complaints Get Rejected

1. Insufficient evidence
2. Wrong complaint portal
3. Anonymous allegations without supporting details
4. Duplicate complaints
5. Missing call logs
6. Limited traceability of anonymous callers
7. Reporting calls that do not meet the legal threshold
8. Lack of malicious intent
9. Filing a complaint at the wrong place
10. Missing Service Provider Reference
11. Incomplete identity of the complainant

All the above-mentioned scenarios may get your complaints rejected.

A Quick Overview of The Government Authorities Involved

Before we get into the details of how you should file a call harassment complaint online, let’s quickly have a look at the Government authorities to contact, depending on your situation, nature and location of the incident.

• TRAI
• Department of Telecommunications (DoT)
• Telecom service providers
• National Cyber Crime Reporting Portal
• Local Police/Cyber Cell
• Consumer Commissions 
• National Commission for Women (NCW)

Checklist Before Filing a Complaint

Let’s quickly check out the prerequisites before you file a call harassment complaint. This will ensure a stronger claim and facilitate faster action. Proper preparation not only organises your case, but also prevents dismissal/rejections. 

• Gather evidence
• Identify the type of harassment
• Choose the correct authority
• Determine whether the matter is suitable for ODR or requires police intervention
• Keep records of all communications and complaint acknowledgements

What Evidence Should You Collect Before Filing a Complaint?

• Phone number
• Call recordings (where legally permissible)
• Screenshots
• Call logs
• SMS/WhatsApp messages
• Emails
• Dates & time
• Witnesses (if any)

What Should You Do If Someone Abuses You on Calls?

If you receive abusive phone calls from someone, you may file a call harassment complaint offline/online. 

Below are the steps you need to follow for that: 

Step 1: Identify The Type Of Harassment

• Determine if the calls you are getting are:
• Spam
• From telemarketers
• Scams
• Criminal threats

This will help you file your call harassment complaint at the right place. 

Step 2: Preserve Evidence

We request you not to delete anything. Even the smallest things can prove to be vital evidence in this case. Also, take clear screenshots of the incoming calls, the caller’s phone number, dates, and times. If the caller is threatening you, try to record audio. 

Step 3: Block The Number

If you are getting repetitive calls, block the number on your device. However, keep in mind that this would be a temporary solution, and the caller might get in touch with you through another number. 

Step 4: Report to Telecom Operator

If you are getting unwanted calls from a telemarketer, you may file a complaint directly with your telecom operator by sending an SMS or calling a toll-free number (such as 1909 for UCC-related complaints). Another thing that you can do is to utilise your provider’s specific DND app to prevent further incoming calls.

Step 5: Register A Complaint 

In this specific section, we will discuss the measures to take if you get harassment calls or the Government portals where you can file a call harassment complaint online, depending on the types of calls you receive. 

The Alternative Solution to Deal with Harassment Calls

Because victims frequently avoid the formal justice system to escape social stigma, public scrutiny, and prolonged legal battles, Alternative Dispute Resolution (ADR) may serve as a private, faster, and victim-focused solution.

What is ADR: The Specific Dispute Resolution Methods

ADR refers to dispute resolution methods/techniques outside traditional/adversarial courtroom litigation. This is specifically a dispute resolution mechanism that resolves conflicts (in specific cases) faster without any need for courtroom visits. 

The primary resolution methods include:

• Mediation
• Conciliation
• Arbitration
• Online Dispute Resolution (ODR)
• Restorative Justice

However, in case of harassment calls, the other four ADR methods, except ODR, are generally ineffective (will discuss them in another blog, very soon). So, let’s discuss how ODR can help you deal with harassment calls.

How Does ODR Help Resolve Call Harassment Disputes?

As we discussed before, ADR is the foundational framework that utilises out-of-court processes to resolve conflicts such as negotiation, mediation, arbitration, etc. Now, ODR (Online Dispute Resolution) is just its technological extension that implements the same methods to resolve eligible civil disputes.

ODR vs Traditional Court Process: A Quick Side-by-Side Comparison

Before we discuss the cases that are suitable for ODR, let’s quickly compare it with the traditional court process so that you get a better insight into how ODR works and why it’s more reliable, less time-consuming, and convenient.  

Which Call Harassment Disputes Can Be Resolved Through ODR?

Now that you roughly know how ODR operates, let’s quickly have a look at the specific call harassment issues that ODR can resolve.  

• Telecom billing disputes
• Service provider complaints
• Telemarketing violations
• Customer service disputes
• Consumer complaints
• Business-to-business communication disputes
• Recovery-related service disputes (where mediation is appropriate)

For serious call harassment involving threats, extortion, or sexual misconduct, please contact law enforcement immediately, as these criminal offences cannot be resolved through ODR alone.

Limitations of ODR

The thing you need to consider here is that ODR is fundamentally designed for voluntary and contractual disputes. Most importantly, to leverage ODR solutions for resolving conflicts, both parties need to agree to mediate. However, call harassers rarely agree to do so, and ODR platforms lack the police powers to investigate, subpoena identity records, issue emergency restraining orders, or force any of the parties to agree to this. 

Not-Suitable Cases for ODR

• When a serious criminal offence occurs
• Sexual exploitation is involved
• Identity theft
• Serious threats (phyical/mental/property-related)
• Power imbalance exists
• When you receive anonymous calls

When Is Mental Health Intervention Required alongside Legal Action?

If the harassment calls you receive cause you any sort of emotional distress or anxiety, you need to seek immediate psychological counselling. 

We have previously discussed what to do if someone is calling and harassing you repeatedly, and it includes the legal actions you may take against the perpetrators, the Government portals where you may file a call harassment complaint online, and ways to file an online police complaint against a mobile number in India. 

However, in some cases, alongside these legal actions, mental health intervention is also vital to heal the psychological trauma the victims go through. 

Below we have mentioned a few confidential helplines you may consider calling:

You can also visit the official website of The LiveLoveLaugh Foundation (TLLLF) because it has an extensive directory of mental health resources. Founded in 2015 by actor Deepika Padukone, this Indian non-profit organisation is dedicated to raising mental health awareness. 

Step-by-Step Process of Filing a Call Harassment Complaint Through ODR

Coming back to the topic!

ODR can help you resolve eligible disputes. But for that, you need to file your call harassment complaint the right way so that the ODR platform can proceed with the rest of the formalities and resolution procedure.

1. Register online
2. File your complaint
3. Submit supporting evidence
4.  Notice sent to the opposite party
5.  Online mediation/conciliation
6.  Negotiation
7.  Settlement agreement
8.  Escalation if unresolved
9.  Closure
10.  Legal proceedings if necessary

Isn’t that convenient?

ODR: Reshaping Access to Justice in India Through Faster, Digital Settlements 

In short, ODR is an extremely cost-effective pre-litigation method to deal with disputes/conflicts that is dedicated to facilitating faster resolution in suitable cases compared to traditional courtroom visits without any legal complexity. 

The best part is that the process is conducted online, through digital documentation, which not only ensures data confidentiality but also makes it extremely convenient for both conflicting parties to come to a mutual settlement. 

However, it is important to remember here that ODR complements the Indian justice system and does not replace it because it has certain limitations. 

We hope the measures we have discussed in this blog will help you take strong action against harassment calls. 

However, we understand you are mostly worried about getting another harassment call.

7 Tips to Prevent Future Harassing Calls

• Activate DND
• Avoid sharing personal numbers publicly
• Verify unknown callers
• Never share OTPs or banking details
• Report suspicious numbers promptly
• Use spam detection apps
• Stay updated on cyber fraud tactics

Remaining Silent is Not An Option!

Don't let online abuse go unchecked!

The next time you receive a harassment call, document the evidence, preserve available evidence (example: record the voice), report the behaviour to the right platform, and utilise official channels like the National Cyber Crime Reporting Portal to seek justice.

Frequently Asked Questions

Q1. Is ODR legally valid in India?

Ans: Though there is no single standalone ODR legislation, ODR frameworks and mechanisms are fully recognised and enforceable in India under the Arbitration and Conciliation Act, 1996, the Mediation Act, 2023 and the Information Technology Act, 2000. 

Q2. How long does ODR take?

Ans: The ODR mechanism may take a few weeks to a few months to reach a specific resolution, though the timeline may vary depending on how fast the conflicting parties give consent to mediate, the negotiation process, and the complexity of the conflict. However, in many instances, the process has even been wrapped up in just 25 days.  

Q3. Can I seek compensation if I file a complaint with ODR for call harassment?

Ans: Yes, you may seek compensation, where legally permissible. However, kindly remember that ODR platforms primarily focus on mediation and conciliation instead of providing the complainant with mandatory financial awards.