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Indian Supreme Court Presses Government on Cryptocurrency Regulation

The court criticizes the lack of a clear crypto policy, warning of economic risks and enforcement gaps, while hearing a high-profile Bitcoin fraud case.

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The bench reminded the govt that nearly “two years ago,” the top court sought clarity on India’s policy regarding virtual currencies. (Representative file photo)
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Overview

  • The Supreme Court of India has criticized the central government for its prolonged inaction on cryptocurrency regulation, calling the absence of a legal framework a risk to the economy.
  • Justices Surya Kant and N. Kotiswar Singh likened unregulated Bitcoin trading to a refined form of Hawala, raising concerns over illicit financial flows.
  • The bench reiterated that an outright ban on cryptocurrencies would be unwise but emphasized the urgent need for tailored regulations to monitor and manage the sector.
  • The government has requested additional time to provide instructions on its regulatory stance, with no new legislation introduced despite a 2021 draft bill remaining unaddressed.
  • The court made these remarks during the bail hearing of Shailesh Bhatt, accused of Bitcoin-related fraud, questioning the Enforcement Directorate's procedural decisions in the case.