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Introduction

The Telecommunications Act of 2023 was passed by Parliament in December, receiving the President's assent and being published in the official Gazette on December 24, 2023. The act is divided into 11 chapters 62 sections and 3 schedules. Sections 1, 2, 10-30, 42-44, 46, 47, 50-58, 61 and 62 already took effect on June 26, 2024. 

On July 04, 2024, the Centre issued a Gazetted Notification and sections 6-8, 48 and 59(b) were notified to be effective from July 05, 2024. The Act aims to amend and consolidate the laws related to telecommunication services, telecommunication networks, and spectrum assignment and it ‘repeals’ certain older colonial-era legislations like the Indian Telegraph Act 1885 and Indian Wireless Telegraph Act 1933. Due to the advancements in technology in the telecom sector, the new law is enacted. 

On 18 July 2024 Thursday, the telecom minister while launching the theme of Indian Mobile Congress (IMC), announced that all rules and provisions of the new Telecom Act would be notified within the next 180 days, hence making the Act operational at full capacity. 

Important definitions under Telecommunications Act, 2023

1. Authorisation: Section 2(d) entails “authorisation” means a permission, by whatever name called, granted under this Act for— (i) providing telecommunication services; (ii) establishing, operating, maintaining or expanding telecommunication networks; or (iii) possessing radio equipment.
2. Telecommunication: Section 2(p) entails “Telecommunication” means transmission, emission or reception of any messages, by wire, radio, optical or other electro-magnetic systems, whether or not such messages have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception.
3. Telecommunication Network: Section 2(s) entails “telecommunication network” means a system or series of systems of telecommunication equipment or infrastructure, including terrestrial or satellite networks or submarine networks, or a combination of such networks, used or intended to be used for providing telecommunication services, but does not include such telecommunication equipment as notified by the Central Government.
4. Telecommunication Service: Section 2(t) entails “telecommunication service” means any service for telecommunication.

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Measures for Cyber Security for the Telecommunication Network/Services

Section 22 of the Telecommunication Act, 2023 talks about the protection of telecommunication networks and telecommunication services. The section specifies that the centre may provide rules to ensure the cybersecurity of telecommunication networks and telecommunication services. Such measures may include the collection, analysis and dissemination of traffic data that is generated, transmitted, received or stored in telecommunication networks. ‘Traffic data’ can include any data generated, transmitted, received, or stored in telecommunication networks – such as type, duration, or time of a telecommunication. 

Section 22 further empowers the central government to declare any telecommunication network, or part thereof, as Critical Telecommunication Infrastructure. It may further provide for standards, security practices, upgradation requirements and procedures to be implemented for such Critical Telecommunication Infrastructure. 

CyberPeace Policy Wing Outlook:

The Telecommunication Act, 2023 marks a significant change & growth in the telecom sector by providing a robust regulatory framework, encouraging research and development, promoting infrastructure development, and measures for consumer protection. The Central Government is empowered to authorize individuals for (a) providing telecommunication services, (b) establishing, operating, maintaining, or expanding telecommunication networks, or (c) possessing radio equipment. Section 48 of the act provides no person shall possess or use any equipment that blocks telecommunication unless permitted by the Central Government. 

The Central Government will protect users by implementing different measures, such as the requirement of prior consent of users for receiving particular messages, keeping a 'Do Not Disturb' register to stop unwanted messages, the mechanism to enable users to report any malware or specified messages received, the preparation and maintenance of “Do Not Disturb” register, to ensure that users do not receive specified messages or class of specified messages without prior consent. The authorized entity providing telecommunication services will also be required to create an online platform for users for their grievances pertaining to telecommunication services. 

In certain limited circumstances such as national security measures, disaster management and public safety, the act contains provisions empowering the Government to take temporary possession of telecom services or networks from authorised entity; direct interception or disclosure of messages, with measures to be specified in rulemaking. This entails that the government gains additional controls in case of emergencies to ensure security and public order. However, this has to be balanced with appropriate measures protecting individual privacy rights and avoiding any unintended arbitrary actions. 

Taking into account the cyber security in the telecommunication sector, the government is empowered under the act to introduce standards for cyber security for telecommunication services and telecommunication networks; and encryption and data processing in telecommunication. 

The act also promotes the research and development and pilot projects under Digital Bharat Nidhi. The act also promotes the approach of digital by design by bringing online dispute resolution and other frameworks. Overall the approach of the government is noteworthy as they realise the need for updating the colonial era legislation considering the importance of technological advancements and keeping pace with the digital and technical revolution in the telecommunication sector. 

References:

1. The Telecommunications Act, 2023 https://acrobat.adobe.com/id/urn:aaid:sc:AP:88cb04ff-2cce-4663-ad41-88aafc81a416
2. https://pib.gov.in/PressReleasePage.aspx?PRID=2031057
3. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2027941
4. https://economictimes.indiatimes.com/industry/telecom/telecom-news/new-telecom-act-will-be-notified-in-180-days-bsnl-4g-rollout-is-monitored-on-a-daily-basis-scindia/articleshow/111851845.cms?from=mdr
5. https://www.azbpartners.com/wp-content/uploads/2024/06/Update-Staggered-Enforcement-of-Telecommunications-Act-2023.pdf
6. https://telecom.economictimes.indiatimes.com/blog/analysing-the-impact-of-telecommunications-act-2023-on-digital-india-mission/111828226

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Introduction

The Department of Telecommunications (DoT) changed course just 48 hours after the directive dated December 1, 2025,  sparked controversy. On December 3, 2025, the department publicly reversed its directive to smartphone manufacturers to pre-install the Sanchar Saathi app starting in March of the following year. The withdrawal marked the ending of a tumultuous, quick-paced event that highlighted how dynamic digital policy can be in a democracy. 

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The DoT explained its move in calculated terms. The government said that the first mandate was no longer necessary due to an abrupt increase in voluntary app downloads brought on by the public furore. The agency stated , “The mandate to install the app was meant to accelerate the process because the number of users has been growing rapidly.”

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The app in question is not new. When it was first introduced in 2023, it was intended to be a public safety where people could report suspicious calls, identify numbers registered in their name, block stolen devices using their IMEI, confirm the authenticity of their handset, and report fraudulent international calls that were disguised as Indian numbers. The platform has quietly expanded over the past two years with features like utilities to check mobile connections, as well as Chakshu for reporting fraud. When used freely, it has helped numerous people in navigating the increasingly complex web of online scams. 

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Balancing Protection and Personal Freedom

In India, there isn’t much precedent for requiring all phones to have a certain government backed app installed. While operators supported TRAI’s DND app in 2018 and emergency numbers were integrated during the pandemic, they did not go into the territory of compulsory pre-installation.

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Legal experts have time and again pointed out that although the government can control telecommunications for security reasons, any mandatory action pertaining to personal devices may be subject to constitutional review under the right to privacy, as stated in the Puttaswamy ruling. Not because the app is flawed in and of itself, but rather because every transition from voluntary adoption to mandatory compliance necessitates a higher standard of necessity, proportionality, and protections.  

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The Pulse of the Policy

The DoT’s stated rationale was clear: fake, duplicated or spoofed IMEIs represent a major cyber-security threat. India currently faces some of the world’s highest levels of SIM misuse, digital impersonation, online extortion, and device cloning crimes. Even a small fraction of compromised devices can do great harm in a nation with over a billion active mobile users.

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The DoT’s AI and Digital Intelligence Unit, a small seven-person team in charge of SIM security, fighting illicit telecom setups, and collaborating with financial regulators on quickly changing fraud patterns, issued the Sanchar Saathi directive as part of a larger set of security-focused measures. One order required platforms such as WhatsApp to make sure that web sessions were terminated after six hours and that accounts only functioned when the registered SIM card was present in the device.

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When taken as a whole, these orders indicate a clear strategic goal, the government is working to close systemic gaps that organised crime, particularly identity theft and device-level fraud, exploits. However, they also highlight the complex relationship between public opinion and security requirements. The government’s quick reversal in the Sanchar Saathi case demonstrated a crucial realization: digital safety mechanisms can only be effective when people feel educated, valued, and in charge. 

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CyberPeace Perspective & The Middle Path

CyberPeace stated that whenever a digital tool comes into contact with identity, data, or mobile access, public concern is inevitable. However, it is also emphasised that Sanchar Saathi is not a surveillance tool, instead can empower citizens. 

Even with the rolled back mandate, it is reaffirmed that cornerstones of digital trust are accountability, openness, audits, and unambiguous permissions. India can maintain both safety and rights through responsible implementation, ethical design, and open communication. 

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References

1. https://www.thehindu.com/sci-tech/technology/what-is-the-sanchar-saathi-app-why-is-the-government-mandating-its-pre-installation/article70350322.ece
2. https://theprint.in/opinion/sharp-edge/sanchar-saathi-app-modi-govt/2797917/ 
3. https://www.pib.gov.in/PressReleasePage.aspx?PRID=2198110&reg=3&lang=2 
4. https://sancharsaathi.gov.in/SancharSaathiDocuments/ImportantDocuments/DoT%20issues%20directions%20for%20pre-installation%20of%20Sanchar%20Saathi%20App%20in%20mobile%20handsets%20to%20verify%20the%20genuineness%20of%20mobile%20handsets.pdf 
5. https://cyberpeace.org/resources/blogs/sanchar-saathi-portal-a-solution-for-mobile-phone-theft-and-data-protection
6. https://cyberpeace.org/resources/blogs/chakshu-and-dip-shielding-citizens-from-online-frauds
7. https://cyberpeace.org/resources/blogs/financial-risk-indicator-launched-by-dot-to-strengthen-cybersecurity

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Cyber attacks in India besides becoming common are also getting deadlier. Each strike has taken proportions to drive home the fact that no one is safe.

Hacker ‘John Wick’, hasn’t spared India’s PM or Paytm. Cyber intelligence firm Cyble which dredges the Dark Web has red-flagged hacking episodes at Truecaller, Dunzo, Unacademy, Naukri.com, Bharat Earth Movers Limited (BEML), LimeRoad and IndiaBulls.Picture this, Mumbai-based cybersecurity firm Sequretek, says in Covid-hit 2020, India has seen a 4000% spike in phishing emails and a 400% uptake in the number of policy violations that have grown over 400% as per the latest statistics.Besides the threat to crucial data, the cost suffered by companies is phenomenal. According to a report by IBM’s ‘Cost of a Data Breach Report 2020’ report, Indian companies witnessed an average $2 Mn total cost of data breach in 2020, this is an increase of 9.4% from 2019.

Another survey by Barracuda Networks revealed that 66% of Indian organisations have had at least one data breach or cybersecurity incident since shifting to a remote working model during the pandemic.

Indian Startups At Mercy Of Cyber Attacks

More recently personal data of 2.8 Lakh WhiteHat Jr students and teachers were exposed, where crucial details of minors have been made available on the dark web. Another major breach that took place this week and exclusively reported by Inc42 was when data of 1.4 Mn job seekers was leaked when jobs portal IIMjobs was hacked.

Vineet Kumar, the founder of Cyber Peace Foundation (CPF), a think tank of cybersecurity and policy experts, said that with the increased digitisation of companies and their processes, data has become the new oil.

“You get good money when you sell users data on the dark web. Hackers discovering vulnerabilities and using SQL injections to pull entire databases remains a common practice for hacking,” Kumar told Inc42.

The CyberPeace Foundation says from mid-April to the end of June it noticed 8,98,7841 attacks, July and August saw 64,52,898 attacks. Whereas September and October saw 1,37,37,516 attacks and 18,149,233 attacks respectively.

Speaking to Inc42, Pankit Desai, cofounder and CEO, Sequretek says, “Originally only a limited set of systems were being exposed, now with WFH all systems have to be exposed to the internet as all your processes are enabled remotely. WFH also creates an additional challenge where ‘personal assets are being used for professional purposes’ and ‘professional assets are being used for personal purposes.”

Malwares like SpyMax, Blackwater are being used as a combination of phishing mails and poorly secured home computers to harvest credentials. These credentials are then used for carrying out attacks. The number of attacks with harvested credentials is already up 30%, the company revealed.

Government data shows that in 2019 alone, India witnessed 3.94 lakh instances of cybersecurity breaches. In terms of hacking of state and central government websites, Indian Computer Emergency Response Team (CERT-In) data shows that a total of 336 websites belonging to central ministries, departments, and state governments were hacked between 2017 and 2019.

According to Nasscom’s Data Security Council of India (DSCI) report 2019, India witnessed the second-highest number of cyber attacks in the world between 2016 and 2018. This comes at a time when digitisation of the Indian economy is predicted to result in a $435 Bn opportunity by 2025.On September 22, the Ministry of Electronics and Information Technology (MeITY) told the Parliament that Indian citizens, commercial and legal entities faced almost 7 lakh cyberattacks till August this year.

The Indian Computer Emergency Response Team (CERT-In) has “reported 49,455, 50,362, 53,117, 208,456, 394,499 and 696,938 cybersecurity incidents during the year 2015, 2016, 2017, 2018, 2019 and 2020 (till August) respectively,” the MeITY said while responding to an unstarred question in the Lok Sabha regarding cyberattacks on Indian citizens and India-based commercial and legal entities.“

India also lacks a cohesive nation-wide cyber-strategy, policies, and procedures. Regulations around data privacy, protection, and penalty should be enacted and enforced as these measures will help businesses evaluate their cybersecurity posture and seek ways to improve. Currently, incident reporting is not mandatory. By making it compulsory, there will be a body of research data that can provide insights on threats to India and inform the government on strategies it can undertake to strengthen the nation’s cyber posture,” said Kumar Ritesh, founder and CEO, Cyfirma.The Internet Crime Report for 2019, released by the USA’s Internet Crime Complaint Centre of the Federal Bureau of Investigation (FBI), has revealed that India stands third in the world among top 20 countries that are victims of internet crimes.

Kumar attributes these numbers to Indian’s lack of basic cyber awareness. However, a poignant point is also the lack of a robust cybersecurity policy in India.  Though the issue was touched upon by Prime Minister Narendra Modi during his Independence Day speech on Aug 15, 2020, not much movement has happened on that front.

“Cybersecurity is a very important aspect, which cannot be ignored. The government is alert on this and is working on a new, robust policy,” Modi said.The PM’s announcement was made in the backdrop of the government’s initiative to connect 1.5 lakh gram panchayats through an optical fiber network, thereby increasing the country’s internet connectivity.

With India pipped to take on the world with its IT prowess and increased digital integration the need for a robust policy is now more than ever.

‍Source: https://inc42.com/buzz/3-94-lakhs-and-counting-how-cyberattacks-are-a-worry-for-digital-india/