Sanchar Saathi App Mandated on All Smartphones: A Detailed Legal and Policy Analysis

Introduction: Government Mandates Pre-Installation of Sanchar Saathi

The Department of Telecommunications (DoT) has issued a new directive requiring all original equipment manufacturers (OEMs) and importers to pre-install the Sanchar Saathi app on every new mobile handset manufactured or imported for sale in India.

The circular, issued on Monday, instructs companies such as Apple, Samsung, Xiaomi, Vivo, Oppo and others to ensure that the app is clearly visible to users at the time of first use or device setup, and that its core functionalities must remain fully operational without restrictions.

What is Sanchar Saathi?

(From the above para: “Whatis Sanchar Saathi?”)

Launched in May 2023, Sanchar Saathi is a centralized telecom security and consumer protection platform developed by the DoT. It integrates multiple services designed to prevent telecom fraud, track misuse of mobile resources, and assist users in safeguarding their devices.

Key functionalities include:

  • Reporting and blocking lost or stolen mobile phones

  • Blocking malicious web links

  • Checking the total number of mobile connections issued under a user's name

  • Verifying trusted contact details of banks and financial institutions

  • Verifying whether a handset is genuine

  • Reporting suspicious calls, spam, and international spoofing calls made using Indian numbers

  • Reporting fraud without needing to remember or enter the IMEI number

Sanchar Saathi eliminates the need for website-based reporting, thereby reducing fraud reporting time significantly.

Adoption and Performance Data

(From the above para: “Under the initiative…”)

The DoT has released extensive statistics demonstrating the platform’s scale and impact:

  • More than 42.14 lakh mobile phones have been blocked

  • Over 26.11 lakh lost or stolen devices have been traced

  • More than 288 lakh user requests for mobile connection verification received

  • Over 254 lakh requests successfully resolved

  • More than 1.14 crore registrations on the portal

  • Over 1 crore downloads on Google Play Store

  • Over 9.5 lakh downloads on Apple’s App Store

These figures show strong public adoption and highlight the platform’s role in combating telecom-related cybercrime.

Mandatory Pre-Installation: DoT’s Rationale

(From para: “App will help safeguard citizens…”)

The government’s primary aim behind mandatory pre-installation is:

  • Preventing users from buying non-genuine or cloned handsets

  • Ensuring easy reporting of fraud and misuse of telecom resources

  • Improving the effectiveness of the Sanchar Saathi initiative

  • Enhancing public safety and consumer protection

DoT has also instructed manufacturers to push the app via software updates to phones that have already been manufactured or are currently in retail channels.

OEMs have been given 90 days to comply, with a 120-day compliance report deadline.

Legal Framework: Statutes Applicable

(Answer to: “What are statutes…?”)

Several statutory frameworks govern this mandate and its implementation:

1. Indian Telegraph Act, 1885

  • Section 4: Exclusive privilege of the government over telecommunication systems

  • Section 5: Government's power to regulate telecommunication in public interest

  • Section 7: Rule-making power relating to telecommunication equipment and security

  • Section 8: Restrictions on telegraph equipment and connected infrastructure

The DoT, as per this Act, can regulate devices that connect to networks.

2. Indian Wireless Telegraphy Act, 1933

  • Controls possession and operation of wireless devices

  • Used to curb the circulation of unauthorized or cloned devices

3. Information Technology Act, 2000

  • Section 69A: Blocking malicious links and digital content

  • Section 70B: CERT-In directions for cyber security

  • Used for preventing cyber fraud and protecting digital consumers

4. Consumer Protection Act, 2019

  • Product safety obligations on manufacturers

  • Liability for sale of fraudulent, defective, or unsafe telecom devices

5. Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018

  • Regulates spam calls and messaging

  • Sanchar Saathi assists in reporting unsolicited communication

Constitutional Provisions Involved

(Answer to: “What are constitutional provisions…?”)

Article 19(2): Reasonable Restrictions

Public safety and prevention of fraud justify reasonable restrictions on digital and telecom freedoms.

Article 21: Right to Privacy

  • The government must ensure the app does not violate the principles laid down in Puttaswamy v. Union of India (2017)

  • Any data collected must meet the test of legality, necessity, and proportionality

Article 38 & 39: Public Welfare and Consumer Protection

The State has a duty to protect citizens from fraud, cheating, and unsafe products.

Article 300A: Right to Property

Blocking of devices must be lawful, following due process.

Judicial Precedents Relevant to the Issue

1. KS Puttaswamy v. Union of India (2017) – Right to Privacy

The Supreme Court held that data collection must follow proportionality, legitimate State aim, and minimal intrusion.

2. PUCL v. Union of India (1997) – Telephone Tapping Guidelines

Supreme Court laid down principles for lawful interception and telecom governance.

3. Shreya Singhal v. Union of India (2015)

Highlights that government actions affecting digital rights must be reasonable and transparent.

4. Anuradha Bhasin v. Union of India (2020)

Telecom restrictions must comply with constitutional safeguards and proportionality standards.

While none of these cases directly examine pre-installed apps, they collectively define the boundaries of digital governance and telecom regulation.

Compliance Impact on Smartphone Manufacturers

OEMs and importers are required to:

  • Pre-install the app on all new devices

  • Push updates to already-manufactured devices

  • Ensure the app cannot be restricted or disabled

  • Submit compliance reports within 120 days

This mandate aligns with the government’s broader push for cyber hygiene and telecom security frameworks.

Conclusion: A Major Shift in India’s Telecom Security Ecosystem

The mandatory installation of Sanchar Saathi marks a significant milestone in India's digital governance and public safety strategy. With rising telecom fraud, fake SIMs, and cloned mobile handsets, the government aims to build a robust infrastructure for device verification, fraud prevention, and user protection.

While it enhances security, it must also meet constitutional standards of privacy, transparency, and proportionality. The coming months will determine how effectively the policy is implemented by OEMs and how users respond to this new nationwide requirement.


Location: Pune, Maharashtra, India

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