Tell the customer, and get a real yes. Section 6(1) of the Digital Personal Data Protection Act, 2023 states that consent “shall be free, specific, informed, unconditional and unambiguous with a clear affirmative action, and shall signify an agreement to the processing of her personal data for the specified purpose” [4]. A recorded “this call may be recorded for quality purposes, do you agree?” with a spoken yes, at the start of the call, is the affirmative action the law is asking for. A customer who simply stays on the line without being asked has not given that agreement.
What the interception laws do and do not cover. The Telecommunications Act, 2023 lets only central or state government officers — not private businesses — intercept or suspend telecom services, and only for defined public-safety reasons, with written reasons recorded [5]. Its predecessor, the Indian Telegraph Act, 1885, carried the same government-only interception power [6]. Neither law is about a business recording its own sales call — that is governed by the DPDP Act above, not by these.
A 2025 Supreme Court ruling you will see cited online — read what it actually says. In Vibhor Garg v. Neha (14 July 2025), the Supreme Court held that a spouse’s secretly recorded phone call with the other spouse can be used as evidence in a divorce case, because the marital-communication privilege in Section 122 of the Evidence Act does not apply to disputes between the married couple themselves [7]. This is a ruling about spousal evidence privilege in matrimonial litigation. It is not a general ruling that any business may record any customer without telling them. Do not let anyone tell you it settles the sales-call question — the DPDP consent requirement above is what applies.
Keep the recording secure once you have it. Section 43A of the Information Technology Act, 2000 makes a company that fails to maintain “reasonable security practices” over sensitive personal data liable to compensate anyone harmed by the resulting damage [8]. A customer’s recorded voice, name and financial interest is exactly that kind of data.