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International Journal of
Law
ARCHIVES
VOL. 11, ISSUE 1 (2025)
The legal landscape of cryptocurrency in India: Challenges and prospects
Authors
Dr. Shikha Dhiman, Abheyshek Jamwal
Abstract

Technological advancements and market shifts have paved the way for the growth of the payment industry, creating opportunities for virtual digital assets and virtual currencies. Cryptocurrency, a subset of virtual currency, provides a digital representation of value, tokens, and other assets utilizing blockchain technology and cryptographic methods. Prominent examples include Bitcoin, Ethereum, Tether, and others, which, despite their market volatility, facilitate secure transactions and offer access to the global financial ecosystem. Operated on decentralized blockchain networks, cryptocurrencies face scalability and technological limitations.

On the downside, cryptocurrencies are often linked to illicit activities such as money laundering, terrorist financing, fraud, scams, market manipulation, high energy consumption, and regulatory concerns. Post-demonetization in 2016, the Unified Payments Interface (UPI) revolutionized India's digital payment landscape, driving significant changes in the digital currency market. These changes have been accompanied by evolving regulations, growing interest, and fluctuating government policies.

The status of cryptocurrency in India remains uncertain. In 2018, the Reserve Bank of India (RBI) banned financial institutions from offering services linked to cryptocurrencies, but this was overturned by the Supreme Court in 2020. In the Union Budget 2022, it was clarified that cryptocurrencies are not recognized as legal tender in India, although they are subject to capital gains taxation. Additionally, the Cryptocurrency Bill 2021, introduced in the Lok Sabha, is still under consideration.

Amidst the hype and evolving perspectives, the legality and regulatory framework for cryptocurrencies in India remain ambiguous. This paper aims to explore the necessity for comprehensive legislation to regulate blockchain and cryptocurrency, providing clarity on their status and unlocking their potential benefits.
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Pages:100-106
How to cite this article:
Dr. Shikha Dhiman, Abheyshek Jamwal "The legal landscape of cryptocurrency in India: Challenges and prospects". International Journal of Law, Vol 11, Issue 1, 2025, Pages 100-106
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