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Legit Trading of Cryptocurrency in India

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Published date: December 16, 2023
  • Location: New Delhi, New Delhi, Delhi, India
Legit Trading of Cryptocurrency in India
Legit Trading of Cryptocurrency in India
Until recently, “Cryptocurrency” was neither recognised nor regulated by the entities of the Reserve Bank of India (RBI), which meant that Banks and other financial institutions did not consider “cryptocurrency” as a medium of exchange. Although, private players of cryptocurrency did operate in India, yet there was no security or protection from the Reserve Bank of India (RBI) or its entities. The same was challenged before the Hon’ble Supreme Court of India and the Court dismissed the Reserve Bank of India circular and legalised the trading on Cryptocurrency in India, since it failed the test of proportionality under Article 19(6) of the Constitution of India [Internet and Mobile Association of India v. Reserve Bank of India, W.P. (Civil) No. 528 of 2018 & W.P. (Civil) No. 373 of 2018]. The Supreme Court of India has held that Cryptocurrency cannot be regarded as a “legal tender” either in India or any other jurisdiction (which the Court analysed) but it possesses the other unique characteristics of money being – a medium of exchange; a unit of account and/or a store of value.

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