Crypto Regulation In India: A Deep Dive

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The Indian government is planning to add crypto regulations to the country’s finance bill 2018. Crypto regulation in India has been widely discussed for a while now and while there is still no official news, there are some important points to consider. It is clear that the Indian government is taking steps towards regulating or at least monitoring crypto. The Finance Minister of India, Mr. Arun Jaitley announced the same on Feb. 2, 2018. The government is in the process of making a decision on the legality of cryptocurrency. The finance minister has recently answered the question from the Parliament and he said that the Indian government is still studying the best way to proceed with the crypto regulation in India.

One of the biggest problems facing cryptocurrencies in India is the lack of regulation. While the RBI (Reserve Bank of India) has taken a surprisingly positive stance on Bitcoin, it still has not issued any formal regulations. In the meantime, the Indian Supreme Court has held a hearing on a petition to ban Bitcoin. The Indian government has also appointed an interdisciplinary committee to study the regulation of cryptocurrencies.

In 2021, India introduced new disclosure rules for cryptocurrencies. Any company trading in cryptocurrencies must report all of its cryptocurrency assets to the government as part of its financial statements starting today. There are over 200 blockchain startups in India, most of which focus on cryptocurrencies (interesting fact – ItsBlockchain was one of the first blockchain startups in India!) Despite reports of a possible ban on cryptocurrencies in India, policymakers who recognize the immense value of cryptocurrencies and their impact on our economy should recognize the diversity of their applications. Prominent Indian cryptocurrency startups have seen their trading volume and number of registered users increase by 400% after the ban was lifted.

Although bitcoin was created in early 2009, the first rumors in India began in 2012, when independent software developers in India began receiving payments in bitcoin from their employers in the US or other countries to avoid high transfer fees. For reasons such as internal security, lower transaction costs, no central bank intervention, ease of use and general acceptance, cryptocurrencies are gaining momentum in India.

Exchanges of cryptocurrencies surfaced in 2013, and the first approach to cryptocurrencies came in the form of the RBI which in a few months warned the public about the risks associated with cryptocurrencies. Over the years, the RBI has repeatedly issued such warnings to consumers, holders and traders of digital currencies.

After the government’s focus on digital payments led to the general public becoming aware of alternatives to conventional online transactions, such as cryptocurrencies, the transaction speed and adoption of cryptocurrencies in India finally increased only after the demonetization of major currencies in November 2016, with the government’s focus on digital payments facilitating the substitution of conventional digital purchases.

As a result of this increase in popularity, a number of cryptocurrency exchanges opened in India between 2012 and 2017, adding depth and breadth to the Indian cryptocurrency market. Among them are well-known exchanges like Zebpay, Coinsecure, Unocoin, Koinex, Pocket Bits and Bitxoxo.

Regarding the regulation of cryptocurrencies in India, it was expected that the Indian government would ban cryptocurrencies and also announce the creation of a sovereign digital currency.  The move came amid several objections from the industry and attempts by the Reserve Bank of India (RBI) to impose a ban on banks dealing in cryptocurrencies in 2018. In March 2020, the Supreme Court ruled that India’s ban on cryptocurrencies was unconstitutional.

Any company that traded or invested in cryptocurrencies or digital currencies during the financial year must now report all values of cryptocurrencies, total profits and losses, and transactions or rewards received from that trading or investment in cryptocurrencies, according to the Ministry of Corporate Affairs (MCA), India’s government agency that regulates corporate affairs.

In the financial sector, a central bank’s digital currency is a digital form of cash. Since a central bank can never withdraw the money it issues, it naturally provides a high degree of security. The Reserve Bank of India (RBI) confirmed in early 2021 that it is considering issuing CBDCs for India. CBDC is not exactly a new topic of discussion. Recent developments, including the rise of cryptocurrencies and stablecoins, and the desire to participate in the global CBDC debate, have increased CBDC research in several countries.

CBDC should be distinguished from other types of private funds, such as. B. Electronic money (money in digital wallets) and deposit accounts that can be transferred electronically via cards or mobile wallet applications. Private institutions, such as banks or non-banks, issue this capital, which is not the responsibility of the central bank.

Unlike CBDCs, which are the responsibility of the central bank, cryptocurrencies have no such responsibility, and their value is based on the assumption that they will be bought and used by others. Given their limited use and the volatility of prices, these currencies often fall short as money.

The growth of the CBDC is driven by policy objectives such as. B. address the decline in the use of cash and promote innovation, competitiveness and sustainability of the payment system in developed countries where the acceptance of virtual payments and the use of cash have declined. Financial inclusion remains a key factor in emerging markets where digital payments penetration is limited.

CBDCs can be issued in one of three ways:

Direct: distributed by the central bank to banks and customers; the central bank is responsible for CBDC payments.

Indirectly: When banks issue digital currencies to their customers, the bank or market participants are responsible for CBDC payments.

Hybrid: Market players connect customers and distribute CBDCs; central bank takes position on payments.

Other challenges include pressures on central banks’ operational capacity to issue CBDCs, security risks and reputational issues for central banks. The widespread adoption of private issuance currencies or perhaps even global CBDCs could undermine the central bank’s ability to perform its monetary policy and economic security functions.

On the other hand, the proliferation of CBDCs in India cannot be seen as a reaction to cryptocurrencies or bitcoin schemes, but as a concerted effort to use technology to achieve public policy goals.

2013 – The first example of skepticism about cryptocurrencies dates back to the 24th. of December 2013, when the RBI issued a press release warning consumers, holders and traders of virtual currencies (VCs) such as Bitcoins, Litecoins, Bbqcoins, Dogecoins and others about the financial, administrative, legal, consumer and security risks they may face.

2015 – At the time, R Gandhi, deputy governor of the RBI, expressed concern over cryptocurrencies as they could be used to fund illegal activities such as money laundering, terrorism financing and financial fraud.

2017 – The Reserve Bank of India has issued a second warning, this time to alert consumers, holders and traders of digital currencies. Later, the Digital Assets and Blockchain Fund of India was established for cryptocurrencies. The government is setting up an interdisciplinary committee to study cryptocurrencies and their development.

The report of the interdisciplinary committee was presented. The report has not yet been made public. A petition to regulate cryptocurrencies has been filed with the Supreme Court.

2018 – The Ministry of Finance considers cryptocurrencies to be Ponzi schemes and warns consumers not to invest in them, as they are not legal tender in the country. The Reserve Bank of India has issued a circular banning banks from dealing with cryptocurrency companies and cryptocurrencies. According to a query by Right to Know, the RBI circular dated April 6, 2018, which bans banks and other controlled entities from dealing with digital currencies, is not supported by any public or independent study. The Supreme Court has refused to grant interim relief against the RBI’s circular banning all controlled entities from dealing in digital currencies.

2019 – The RBI forms an inter-departmental committee to study the feasibility and viability of introducing CBDCs. The Finance Ministry’s virtual currency committee suggests that India should ban cryptocurrencies and introduce a digital rupee. Shaktikanta Das, governor of the Reserve Bank of India, says it is too early to comment on CBDCs.

2020 – India’s Supreme Court rejects Reserve Bank of India’s April 2018 circular on proportionality grounds.

2021 – The Indian government proposes to introduce a new Cryptocurrency and Regulation of Official Digital Currency Bill, 2021, which would ban private cryptocurrencies in India with other exemptions to promote proven cryptocurrency technology and trading and provide a framework for the development of an authorized digital currency issued by the RBI. Under a proposed amendment to Schedule III of the Companies Act, 2013, the Indian government has directed companies to report their investments in cryptocurrencies from the fiscal year just started.

2017 – Central banks need to understand not only the privacy expectations of customers and the potential productivity benefits – in terms of money transfers, clearing and settlements – but also the risks this may pose to the wider financial system and economy, as well as the potential implications for monetary policy, according to a paper by the Bank for International Settlements (BIS).

2018 – BIS publishes a comprehensive analysis on CBDCs. According to the BIS’s annual study, the proliferation of cryptocurrencies poses additional challenges to regulators and may require new methods and capabilities.

2019 – The Centre for Alternative Finance at the University of Cambridge has published a report on the global regulatory landscape for crypto assets. The Financial Action Task Force on Money Laundering has published guidance on applying a risk-based approach to virtual assets and virtual asset providers.

2020 – Legal and Regulatory Aspects of Digital Assets is a report published by the Centre for Alternative Finance at the University of Cambridge. The Bureau of Industry and Security (BIS) has published a document on the technology requirements for retail CBDCs. The former finance minister has revised his views on private cryptocurrencies, saying that instead of blockchain technology, it could be more cost-effective to create digital rupees through digital wallets.

Ripple Inc. has released a companion paper on the control of crypto assets in India. The G30 Working Group on Digital Currencies and Stable Coins has published a report on the subject. The BIS publishes a document setting out the criteria and principles that central banks should apply when establishing CBDCs.

2021 – Global Legal Insights publishes the third edition of Blockchain and Cryptocurrency Regulation for 2021, exploring regulatory approaches and market innovations. In India, CREBACO and Khaitan and Co. have issued guidelines to control cryptocurrencies. The benefits of cryptocurrencies have been highlighted in the draft national blockchain strategy for 2021 of the Ministry of Electronics and Information Technology.

As a generation, we will undoubtedly experience new technological developments, and each development will bring new threats. It is important that legislation is constantly updated to keep pace with new innovations. A well-structured cryptocurrency legislation regarding crypto-currency exchanges and blockchain technology is the need of the hour, and therefore this regulation needs more attention.

Crypto Regulation In India: A Deep Dive

. He is one of the very first enthusiasts of blockchain and cryptocurrency in India. After working in the field for several years, he founded IBC in 2016 to help other early adopters learn about the technology.
Before joining CBI, Hitesh founded 4 companies in the field of cyber security and IT.

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Frequently Asked Questions

Will Crypto get banned in India?

A few months ago, the Indian government announced that it will take steps to eliminate Cryptocurrency in India, when the Finance Minister of India, Arun Jaitley, said that India does not recognize Bitcoin and other digital currencies as legal tender. Jaitley did not go into the details of how the authorities would go about eliminating Cryptocurrency. India is one of the most important markets in the world for Bitcoin and other cryptocurrencies. Recently, the Indian government has been talking about whether or not to ban cryptocurrencies all together. (1) (2) (3) (4) The main reason for discussion is that the Indian government is not 100% convinced that cryptocurrencies are not used for money laundering or other illegal activities. While the discussion has been going on for a while, the government has decided to create a panel that will look into the matter and provide its recommendations before any action is taken.

Who regulates Cryptocurrency in India?

Bitcoin and cryptocurrencies are becoming extremely popular in India, but the lack of proper regulation means that people are not sure if this is a safe industry to be involved in. Like many other countries, India does not yet have its own regulatory framework for cryptocurrencies, but that might soon change. A new bill has been tabled in the Indian Parliament that would introduce a regulatory framework for cryptocurrencies, and it has already been passed by the lower house. In this blog post, we will discuss the contents of the bill and the people who would be responsible for implementing it. India, like many other countries, has been at a crossroads when it comes to cryptocurrencies. On the one hand, most national governments would like to support innovation in the financial sector. On the other hand, the anonymity of cryptocurrencies makes them a natural fit for criminal activity. For the most part, India has been trying to balance these two contradictory goals, but it’s not always easy. (Image Source: Blockonomi)

Does India accept Cryptocurrency?

India’s government has historically been rather hostile toward cryptocurrencies. The Reserve Bank of India (RBI), the nation’s central bank, has several times issued warnings to its citizens against cryptocurrency use, calling the digital tokens a “Ponzi scheme” and a threat to national security. As if that’s not enough, the RBI has also forbidden banks from doing business with cryptocurrency companies. Even so, the country’s central government is working on a bill that, if passed, would legalize cryptocurrency use. According to local news source India Times, the bill would decriminalize cryptocurrency use and make them a legal payment method with the creation of a new regulatory body. Cryptocurrency is a digital representation of value that functions as a medium of exchange, a unit of account, or a store of value. Bitcoin became the first decentralized cryptocurrency in 2009. Since then, numerous cryptocurrencies have been created. These are frequently called altcoins, as a blend of bitcoin alternative. Bitcoin and its derivatives use decentralized control as opposed to centralized electronic money/centralized banking systems. The decentralized control is related to the use of bitcoin’s blockchain transaction database in the role of a distributed ledger.

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Emilia James
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