The legal status of cryptocurrencies in India | SRIRAMs IAS (2024)

It has been a topic of considerable debate and regulatory scrutiny. Cryptocurrencies are not illegal in India, meaning individuals can buy, hold, and trade cryptocurrencies. However, the Indian government and regulatory bodies have expressed concerns over the risks associated with cryptocurrencies and have been working towards establishing a regulatory framework.

Regulatory Developments:

1. Supreme Court Ruling (2020): The Supreme Court of India lifted the Reserve Bank of India’s (RBI) ban on cryptocurrency transactions. The RBI had initially imposed restrictions that prevented banks and financial institutions from providing services related to cryptocurrencies. The Supreme Court’s decision was seen as a significant victory for the Indian crypto industry.

2. Taxation: In the 2022 budget, the Indian government announced a 30% tax on income from cryptocurrency transactions, along with a 1% tax deducted at source (TDS) on such transactions. This move was interpreted as a step towards recognizing and regulating the crypto market, even though cryptocurrencies have not been given legal tender status.

3. Regulatory Proposals: The Indian government has been considering the introduction of a specific legislative framework for cryptocurrencies. There have been discussions about a bill that aims to regulate digital currencies, which might include provisions for the creation of an official digital currency issued by the RBI, and for the regulation or banning of certain private cryptocurrencies. However, as of my last update, this bill had not yet been passed into law.

4. RBI’s Stance: The Reserve Bank of India has maintained a cautious stance towards cryptocurrencies, citing concerns over financial stability, investor protection, and the potential for misuse for illicit activities. The RBI has also been exploring the possibility of launching an official digital currency (Central Bank Digital Currency - CBDC).

Current Environment:

The legal environment for cryptocurrencies in India is one of cautious regulatory scrutiny and evolving policies. While trading and holding cryptocurrencies are currently allowed, the government’s and RBI’s concerns suggest that future regulations could significantly impact how cryptocurrencies operate in the country.

Investors and participants in the cryptocurrency space should stay informed about regulatory developments in India, as the legal and tax implications may evolve. It’s also advisable to consult with legal and financial experts to navigate the complexities of cryptocurrency regulations in India.

The legal status of cryptocurrencies in India | SRIRAMs IAS (2024)

FAQs

The legal status of cryptocurrencies in India | SRIRAMs IAS? ›

It has been a topic of considerable debate and regulatory scrutiny. Cryptocurrencies are not illegal in India, meaning individuals can buy, hold, and trade cryptocurrencies.

What is the current legal status of cryptocurrency in India? ›

Is Cryptocurrency In India Legal or Not? Cryptocurrencies are not regulated by any central authority in India as a payment medium. There are no rules, regulations, or guidelines for settling disputes while dealing with cryptocurrency. So, trading in cryptocurrency is done at investors' risk.

Is Bitcoin legal in India Supreme Court? ›

RBI Circular & Supreme Court Verdict: There was a Reserve Bank of India (RBI) circular in 2018 restricting banks from dealing with crypto businesses, but the Supreme Court overturned it in 2020. Cryptocurrency isn't illegal in India, but it operates in an unregulated space.

Is crypto exchange legal in India? ›

In the present time, India does not have any Law or provision which specifically deal with Cryptocurrency. Although Government is coming with a bill to ban Cryptocurrency in India. Bu with this also, Government is also launching its own Digital currency.

Is it safe to invest in cryptocurrency in India? ›

Cryptocurrencies as a payment medium are not regulated or issued by any central authority in India. There are no guidelines laid down for sorting disagreements while dealing with cryptocurrency. So, if you wish to trade crypto, do it at your own risk.

Is cryptocurrency banned in India whether? ›

The government is aware of the fact that virtual digital assets are a part of both Indian as well as the international economy. While cryptocurrency is not banned but they are charged with a 30% tax as announced in the Union Budget of 2022.

How is 30% tax on cryptocurrency in India? ›

The gains from trading cryptocurrencies are subject to tax at 30% (plus 4% cess) as per section 115BBH. Any transfer of crypto assets on or after 1 July 2022 for an amount of Rs. 50000 or Rs. 10,000 in some cases is subject to a Tax deducted at source (TDS) at 1% under section 194S.

What is the Bitcoin scandal in India? ›

According to the police, around one lakh people in Himachal Pradesh were swindled through various websites and crypto coins, by luring them with promises of double returns. “The masterminds of the crypto racket created around 2,50,000 fake IDs for the fraudulent activity.

Can I buy Bitcoin in India? ›

Investors can purchase Bitcoin on cryptocurrency exchange platforms, ensuring it is registered with the Financial Intelligence Unit India. Select an exchange with a user-friendly interface and extensive support for BTC trading pairs. In addition, look out for considerate trading fees.

Can I sell Bitcoin in India? ›

Yes, you can exchange cryptocurrency for cash in India. While there are some regulations in place, you can use various methods to convert your crypto to INR, including: Cryptocurrency exchanges: Platforms like WazirX, CoinDCX, etc., allow you to sell your crypto and withdraw the funds to your bank account.

Which cryptocurrency is best in India? ›

Top 10 Cryptos to Invest In September 2024
  • Bitcoin (BTC)
  • Ethereum (ETH)
  • Binance Coin (BNB)
  • Solana (SOL)
  • Ripple (XRP)
  • Dogecoin (DOGE)
  • Polkadot (DOT)
  • SHIBA INU (SHIB)
5 days ago

Which crypto wallet is best in India? ›

Comparative Analysis Based on Key Features
S.NoWalletSupported Cryptos
1Ledger LiveOver 1,000
2Trust WalletOver 1 million
3MetaMaskOver 500
4ExodusOver 200
6 more rows

Is crypto trading possible in India? ›

Cryptocurrencies such as Bitcoin, Ethereum, and others are not recognized as legal tender in India. However, trading and investing in crypto is not illegal. The Indian government has implemented a 30% tax on income from the transfer of digital assets and a 1% TDS on transactions exceeding INR 50,000 annually.

Is India going to accept cryptocurrency? ›

India has taken a tough stance against cryptocurrencies since 2018, with the Financial Intelligence Unit (FIU) issuing show-cause notices to nine offshore cryptocurrency exchanges in December 2023 for non-compliance with local rules.

What is the safest platform to buy cryptocurrency in India? ›

  • Mudrex. ...
  • CoinSwitch. ...
  • CoinDCX. ...
  • WazirX. ...
  • BitBNS. ...
  • Coinbase. ...
  • Binance. ...
  • Unocoin. Unocoin, one of the oldest crypto exchanges, lets you buy, sell, and store BTC and other digital currencies.
Aug 27, 2024

How can I legally invest in cryptocurrency in India? ›

How to Invest in Cryptocurrency?
  1. Choose the Cryptocurrency platform or exchange.
  2. Provide identification documentation to create an account.
  3. Complete the KYC procedure.
  4. Once you are on board, build a crypto wallet in which the platform will keep all the coins or tokens you acquire.
Jun 19, 2024

What is the current status of cryptocurrency? ›

Today's Cryptocurrency Prices by Market Cap

The global crypto market cap is $2.03T, a 1.36% increase over the last day. The total crypto market volume over the last 24 hours is $64.72B, which makes a 8.79% decrease. The total volume in DeFi is currently $2.92B, 4.50% of the total crypto market 24-hour volume.

What is the future of cryptocurrency in India? ›

The cryptocurrency market has seen growth and challenges. Different countries have varying views on crypto. India is developing a crypto market with predicted growth in NFTs, play-to-earn gaming, decentralized finance, and changes in centralized exchanges.

Is cryptocurrency legal in the USA? ›

Is it legal to use cryptocurrency in the US? Yes, it is legal to use, buy and possess cryptocurrency in the US.

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