Is AI calling legal in India? TRAI rules for AI calls (2026)

Yes, with conditions. AI voice agents are treated as automated calls, and India’s telecom rules for them changed again in September 2026. This guide explains what your business has to do, in plain language, with a source for every rule.

Last reviewed 7 October 2026Not legal advice15 official and cited sources

The short answer

AI calling is allowed in India, but it is regulated. TRAI now treats calls made by AI voice agents as A2P (application-to-person) calls under the Telecom Commercial Communications Customer Preference Regulations (TCCCPR). [1] In practice your business must:

  • tell its telecom operator in advance, and declare the caller numbers it will use [1][2]
  • register on the operator’s DLT platform before making commercial calls [4]
  • use the number series that fits its sector and call type [4][5][7]
  • respect DND preferences, time bands and consent rules [2][8]

An automated call that was not declared to the operator is treated as unsolicited commercial communication (UCC), in other words spam. [1]

NoteNot legal advice. This guide summarises public TRAI, Gazette and government material as of 7 October 2026. Rules and dates change. Confirm what applies to your business with your telecom operator and a lawyer.
The basics · A2P calls

What counts as an AI or automated (A2P) call

On 18 September 2026 TRAI issued the TCCCPR (Third Amendment) Regulations, 2026. [1] They define an A2P call as “a voice call initiated by an application, software system or automated platform without direct human dialing, including using autodialing, robo-calls and pre-recorded/artificial voice technologies”. An AI voice agent that places calls fits that definition.

Status and effective date. TRAI announced the amendment in Press Release 119/2026 on 18 September 2026. [1] The date it takes effect is set by its Gazette text. The 2025 amendment came into force 30 days after Gazette publication, and the March 2026 draft of this one used the same wording, [2][8] so check the Gazette copy or ask your operator for the exact date that applies.

The same amendment also:

  • lets the receiving operator charge the calling operator up to ₹0.05 a minute for A2P calls, with calls from the 140xx, 1600xx and 1601xx series exempt [1]
  • adds AI-based spam detection: operators flag numbers likely to be used for spam and share those flags with each other [1]
  • stops call-management apps from blanket-blocking or spam-tagging calls from the 140xx, 1600xx and 1601xx series [1]
Rule 01 · Before you dial

Prior notice to your telecom operator

Since the Second Amendment of February 2025, a business must notify its originating operator in advance and in writing before using auto-dialers or robo-calls, and state what the calls are for. [2][3] The 2026 amendment goes further: every entity making A2P calls must declare this to its operator in advance, including the caller numbers (CLIs) it will use. [1]

What this means for you
  • This is a step between your business and your operator. Your calling software cannot file it for you.
Rule 02 · Which number

140 vs 1600 vs 1601 series

TRAI’s June 2024 guidelines say a business must not use an ordinary 10-digit mobile or landline number for promotional, service or transactional voice calls, whether it calls directly or through employees, sales agents (DSAs), BPOs or call centres. [4] Instead, calls go out from special series:

140xxPromotional calls

Who: Any sender registered on DLT with a telecom operator, in any sector.

When: In use now. [4]

1600xxService and transactional calls

Who: Entities regulated by RBI, SEBI, IRDAI or PFRDA, and government bodies.

When: Phased deadlines from 1 January 2026 (commercial banks) to 15 March 2026 (qualified stockbrokers); insurers by 15 February 2026. [5][6]

1601xxService and transactional calls, other sectors

Who: Phase I: utilities (power, water, city gas, LPG distributors) and courier and logistics companies. Allotted directly to verified entities, not through aggregators. Promotional calls are not allowed on it.

When: Operators must onboard Phase I entities within 90 days of TRAI’s 10 August 2026 direction (around 8 November 2026). [7]

A gap to know about. The published material does not yet say clearly which series a business outside BFSI, government, utilities and logistics (a clinic or an edtech company, for example) should use for service calls. 1600 is limited to regulated financial entities and government, and 1601 Phase I covers only utilities and logistics. [5][7] Ask your operator what applies to you.

Rule 03 · Registration

DLT registration for voice calls

DLT (Distributed Ledger Technology) is the platform telecom operators run under the TCCCPR. It holds the registers of senders, headers, content templates, consent templates and consents, and it is where scrubbing against customer preferences happens. [8]

DLT is not only for SMS. TRAI’s June 2024 guidelines require every sender to register on DLT “before sending any commercial communications through voice calls or messages”, and senders register voice headers for their 140 and 160 numbers. [4] The regulations define content templates for “promotional voice call” and for “transactional voice call, service call”. [8] TRAI also lists a 2024 direction on a Voice DLT solution. [9] The 2026 amendment adds that header or template misuse must be suspended within 6 hours. [1]

Rule 04 · Who you can call

DND / NCPR and scrubbing

Customers set their preferences on the DND register (formerly the NCPR) by calling or messaging 1909 or through the TRAI DND app. They can block by content category, by mode (including voice, auto-dialer calls and robo-calls), by time band and by day. [2][8] “Block promo” blocks promotional communication only; transactional, service and government communication cannot be blocked. [8]

Operators scrub promotional communication against these preferences on DLT before it is delivered.[8] Good practice is to scrub on your side too, so blocked numbers are never dialled in the first place. That is what DND compliant calling software does.

Rule 05 · When you can call

Calling hours

Customers can choose the time bands in which they accept promotional calls. TRAI’s schedule switches some bands off by default: midnight to 06:00, 06:00 to 08:00, 08:00 to 10:00 and 21:00 to midnight. [8]So, unless a customer opts in, promotional calls reach them only between 10:00 and 21:00. Transactional and service calls cannot be blocked by time band. [8]

Enforcement

Complaints and penalties for businesses

A customer can complain within 7 days of receiving a call, [2] and can appeal the outcome within 15 days. [1]

  • When action starts. Under the 2025 rules, complaints from 5 or more unique recipients within 10 days lead to an investigation. [2] Since the 2026 amendment, 3 or more unique complaints within 10 days are enough if the caller number is also flagged by operators’ AI spam detection. [1]
  • First violation. Outgoing calls on all your telecom resources (SIP, PRI, SIMs) are barred by every operator for 15 days. [2]
  • Repeat violations. All your resources are disconnected for 1 year, your business is blacklisted, and your devices are blocked for 1 year. You may keep one number. [2]
  • Flagged numbers. If 5 or more of your caller numbers are flagged within 10 days, operators start graded action: KYC re-verification, physical verification, barring outgoing calls and, for repeat cases, disconnection. [1]
  • Unregistered senders. Commercial calls from an unregistered sender are UCC, and all its telecom resources may be suspended or disconnected. [2] In August 2024 TRAI directed operators to stop promotional calls from unregistered senders using SIP, PRI or other resources, with disconnection and blacklisting for up to 2 years. [10] By late 2024 more than 800 entities had been blacklisted and more than 18 lakh resources disconnected. [11]

Rupee fines you may have read about under these regulations are financial disincentives on telecom operators for misreporting, not fines on businesses. [2] For a business, the real risk is losing its numbers and being blacklisted.

AI disclosure

Does an AI agent have to say it is an AI?

We found no requirement in the TRAI regulations reviewed for this guide that an AI agent must announce itself. [1][2] Many businesses choose to say so anyway, because it sets expectations and builds trust.

Data protection

DPDP Act 2023 and DPDP Rules 2025

The Digital Personal Data Protection Rules were notified in November 2025, with an eighteen-month phase-in.[12][13] The Data Protection Board started first; Consent Manager registration follows in November 2026; most obligations on businesses (notice, consent, security, breach notice, retention and erasure) apply from May 2027. [12][14] A proposal to shorten this timeline has been reported, but we have not seen it confirmed as notified. [15]

For calling, this means:
  • a recording or transcript of an identifiable person is personal data
  • you need a lawful basis: consent backed by a clear notice of the purpose, or a legitimate use [13]
  • you must keep reasonable security safeguards, report breaches without delay, delete data once its purpose is served, and honour access, correction and erasure requests [13]

Penalties go up to ₹250 crore for failing to keep security safeguards, up to ₹200 crore for failing to report a breach or for breaking the rules on children’s data, and up to ₹50 crore for other violations. [12]

Checklist

A practical checklist

  1. 01Tell your telecom operator in writing, before you start, that you will use automated or AI calls, what they are for, and which caller numbers (CLIs) you will use. [1][2]You + your operator
  2. 02Register your business on your operator’s DLT platform, with your voice headers and content and consent templates. [4][8]You + your operator
  3. 03Ask your operator which number series fits your sector and each type of call: 140 for promotions, 1600 or 1601 for service and transactional calls where your sector is covered. [4][5][7]You + your operator
  4. 04Do not send promotional calls to numbers on the DND register unless you hold registered consent. [2][8]OyeHello checks
  5. 05Keep promotional calls inside the time bands customers allow. By default that is 10:00 to 21:00. [8]OyeHello checks
  6. 06Collect consent in a verifiable form, keep written or digital inquiries, and register consent on DLT where the rules require it. [1][2]OyeHello helps
  7. 07Honour every “don’t call me” at once and keep your own do-not-call list.OyeHello checks
  8. 08Watch complaints closely. A few complaints in 10 days can now start action against your numbers. [1]Your business
  9. 09Treat recordings and transcripts as personal data: give notice, have a lawful basis, keep them secure and delete them when you no longer need them. [12][13]OyeHello helps
  10. 10Keep records of what was called, when, and why, so you can answer your operator or a regulator.OyeHello helps
OyeHello

Where OyeHello helps

OyeHello is an AI agent platform for calls, website chat and WhatsApp. On calls, it helps you follow the rules it can check before a number is dialled, and keeps a record of what it did:

DND / NCPR scrubbingEvery outbound number is checked against India’s DND register before it is dialled. Numbers on it are skipped.
Your do-not-call list and opt-outsA caller who says “don’t call me” is recorded and blocked across your whole workspace. You can also add numbers yourself.
Calling hoursThe built-in India pack keeps calls to 10:00 to 21:00 IST, TRAI’s default window for promotional calls.
Frequency capsLimit how often one person is called in a day and the gap between calls.
Holiday and occasion suppressionBlock calling on dates you choose, such as festivals.
Consent and opt-out recordsConsent and opt-outs are stored in a record that cannot be quietly edited.
Optional AI disclosureTurn on an opening line, per agent, that says the caller is speaking to an AI assistant, in the caller’s language.
Call recordingCalls are recorded for your workspace, with a full transcript of every call.
Tamper-evident audit trailEvery compliance decision is logged in a hash chain, with the reason any call was skipped. Export it as CSV or PDF.

For DPDP, you can also erase one person’s data, including transcripts and recordings, from the console or the API, while keeping your compliance records.

What OyeHello does not do. OyeHello does not:
  • Register you on DLT, or file voice headers or templates for you.
  • Provide 140, 1600 or 1601 series numbers. The numbers you rent in OyeHello are standard Indian phone numbers.
  • File your advance notice or A2P declaration with your telecom operator.
  • Give legal advice or make your business compliant on its own. The obligations above stay with your business.
Arrange these with your telecom operator before you start AI calling.
FAQ

FAQ

Is AI calling legal in India?

Yes, but it is regulated. AI voice agents are treated as automated (A2P) calls: you must tell your telecom operator in advance and declare the caller numbers you will use, register on DLT for commercial calls, use the number series that fits your call type, respect DND preferences and time bands, and hold consent where the rules require it. An undeclared automated call is treated as spam (UCC).

Does the TRAI A2P call rule of 2026 cover AI voice agents?

Yes. The TCCCPR Third Amendment, issued on 18 September 2026, defines an A2P call as a voice call started by an application, software system or automated platform without direct human dialling, including pre-recorded and artificial-voice technology. An AI voice agent fits that definition. TRAI announced it in a press release; check the Gazette text for the exact date it takes effect.

What is the difference between the 140, 1600 and 1601 series?

140 numbers are for promotional calls by any DLT-registered sender. 1600 numbers are for service and transactional calls by entities regulated by RBI, SEBI, IRDAI or PFRDA and by government bodies. 1601 numbers are for service and transactional calls by other sectors, starting with utilities and courier and logistics companies in Phase I, and cannot be used for promotions.

Does DLT registration apply to voice calls, or only SMS?

It applies to voice too. TRAI’s June 2024 guidelines require every sender to register on DLT before making commercial voice calls or sending messages, and the regulations define content templates for promotional and service voice calls. 140 and 160 numbers are assigned through DLT.

What hours can I make promotional calls in India?

Promotional calls only reach customers in the time bands they allow. TRAI’s schedule switches off the bands from midnight to 10:00 and from 21:00 to midnight by default, so the default window is 10:00 to 21:00. Transactional and service calls cannot be blocked by time band.

Does an AI agent have to say it is an AI?

We found no such requirement in the TRAI regulations we reviewed. Many businesses still choose to say it. In OyeHello it is an optional opening line you can switch on for each agent.

What happens if customers complain about my calls?

After complaints from several unique recipients within 10 days, operators investigate. A first violation bars outgoing calls on all your telecom resources for 15 days; repeat violations disconnect all your resources for a year and blacklist your business. Since the 2026 amendment, 3 complaints in 10 days can start action if your number is also flagged by the operators’ spam detection.

Does OyeHello make my business TRAI compliant?

No platform can do that for you. OyeHello helps you follow the rules it can check before a call: DND scrubbing, your do-not-call list and opt-outs, calling hours, frequency caps, holiday suppression, consent records and an audit trail. DLT registration, regulated number series and the declaration to your operator are things your business arranges with its telecom operator.

Sources

Sources

  1. [1]TRAI Press Release No. 119/2026 (18 September 2026): TCCCPR (Third Amendment) Regulations, 2026
  2. [2]TCCCPR (Second Amendment) Regulations, 2025, Gazette text (12 February 2025)
  3. [3]TRAI Press Release No. 11/2025 (12 February 2025)
  4. [4]TRAI guidelines on voice commercial communication, 18 June 2024 (RG-25/(18)/2023-QoS), copy hosted by Airtel
  5. [5]TRAI Press Release No. 135/2025 (19 November 2025): 1600 series for BFSI
  6. [6]PIB: IRDAI direction on the 1600 series for insurers (16 December 2025)
  7. [7]TRAI Press Release No. 113/2026 (10 August 2026): 1601 series
  8. [8]TRAI draft consultation paper (13 March 2026), Annexure-II: consolidated TCCCPR
  9. [9]TRAI: Unsolicited Commercial Communication (regulations and directions)
  10. [10]PIB (13 August 2024): directions to stop promotional calls from unregistered senders
  11. [11]PIB: action taken against unregistered telemarketers (late 2024)
  12. [12]PIB: Digital Personal Data Protection Rules, 2025 notified
  13. [13]PIB explainer on the DPDP Rules, 2025 (PDF)
  14. [14]S&R Associates: India’s DPDP regime takes effect (phased dates)
  15. [15]Chambers: reported MeitY proposal to shorten the DPDP timeline

Last reviewed 7 October 2026. Not legal advice. Sources 14 and 15 are secondary (a law firm and a legal publication); all others are TRAI, the Gazette or the Press Information Bureau.

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