Blockchain and Crypto Laws

The New Blockchain and Crypto Laws Regulated in 2023 by The Govt. of India

Online Legal India LogoBy Online Legal India Published On 02 Feb 2023 Category Legal

In the previous few years, cryptocurrency has witnessed phenomenal growth in India, with users expanding exponentially. The government's efforts to promote digital payments and the emergence of digital wallets are ascribed to this rise. Furthermore, the open market for cryptocurrency trading and the option to convert bitcoin into actual cash has made it more appealing to investors. In addition, the government has made many initiatives to regulate the cryptocurrency business in India, such as establishing a framework for crypto assets and improving cyber security. As a result, India has become one of the most appealing countries for cryptocurrency investments. Let's have a look at the Blockchain and Crypto Laws in India.

What do you mean by “Blockchain”?

Blockchain is a distributed ledger system that securely and reliably records, stores, and monitors digital transactions. It is a growing collection of data records connected and safeguarded by encryption. In addition, blockchains are decentralised, meaning no one institution or government controls them.

As a result, it is regarded as a more secure and dependable method of storing and transporting data. Blockchain technology has the ability to transform how data is managed, stored, and moved. Its advantages include greater security, increased scalability, and lower transaction costs. It may also offer a permanent and unchangeable record of transactions, which makes it particularly relevant for financial and legal purposes.

What is Cryptocurrency System?

Cryptocurrencies are virtual currencies not governed by any government or central body. Cryptocurrencies' key advantages are that they are safe, private, rapid, and inexpensive. Cryptography is used to safeguard transactions, which helps to protect against fraud and counterfeiting. Furthermore, transactions are quick and cost-effective because they are not subject to the same costs and delays as traditional payment methods. Because cryptocurrency is decentralised and not controlled by any government or central body, it also provides privacy.

Usage of Blockchain in Cryptocurrencies

It is used in cryptocurrencies to keep a public record of all transactions within the system. This improves transaction transparency, security, and traceability. Furthermore, blockchain technology is utilised to issue new currency, validate transactions, and provide a secure trading platform.

The National Planning on Blockchain

The National Blockchain strategy aims to create trusted digital platforms through shared Blockchain infrastructure; to promote R&D, innovation, technology and application development; and to facilitate state-of-the-art, transparent, secure, and trusted digital service delivery to citizens and businesses, thereby positioning India as a global leader in Blockchain Technology.

Blockchain is an appropriate technology for e-Government applications and other sectors, providing confidence in digital platforms. Furthermore, blockchain offers the necessary security and privacy, and only trustworthy entities with access to details may record and access them responsibly.

The Ministry of Electronics & Information Technology, Govt. of India, has developed a National Strategy on Blockchain intending to create trusted digital platforms through shared Blockchain infrastructure; promoting research and development, innovation, technology and application development; and facilitating state-of-the-art, transparent, secure, and trusted digital service delivery to citizens and businesses.

This strategy paper outlines the overall vision for developing and implementing a National Blockchain Platform, including the technological stack, legal and regulatory framework, standards creation, cooperation, human resource development, and potential use cases. This strategy paper is intended to give the required advice and assistance for achieving the vision and developing a countrywide ecosystem for creating the National Blockchain Platform and developing appropriate applications utilising blockchain technology.

The New Blockchain and Crypto Laws in India

The new Blockchain and Crypto laws in India 2023 are categorised under the following heads-

Taxes on Cryptocurrencies

The Indian government has not yet enacted legislation governing cryptocurrency taxation. On the other hand, cryptocurrencies are generally classified as capital assets and subject to capital gains taxes. This implies that any profits made from selling cryptocurrencies must be reported to the IRS. Furthermore, bitcoin transactions may be subject to additional taxes such as income tax and Goods and Services Tax (GST).

In March 2018, the Revenue Tax Department of India published a statement stating that cryptocurrency income will be considered capital gains. As a result, the applicable tax rate would be determined by the asset's holding time. For example, if the cryptocurrency is held for less than 36 months, the appropriate tax rate is 20%; if held for longer than 36 months, the applicable tax rate is 10%.

Cryptocurrency Governance

In India, cryptocurrency is not legal tender. A lawful tender is a legal form of payment that must be accepted in settlement of a debt. Legal tender is often in the form of a government-issued coin or cash.

The Reserve Bank of India has warned the general people and financial institutions to exercise caution while dealing with cryptocurrencies. The RBI has also barred its regulated businesses from providing services to any individual or firm trading in cryptocurrency.

Sales Control

In India, cryptocurrencies are not officially regulated. The Reserve Bank of India has issued public warnings about the potential hazards of cryptocurrencies, and the government has suggested a draught bill that would outlaw all cryptocurrencies save those used in research and development. Furthermore, the Supreme Court of India has requested that the government explore regulating cryptocurrencies.

It should be noted that cryptocurrencies are not legal cash in India and are subject to capital gains tax. This also means that cryptocurrencies can be used for investing and virtual commerce but not for debt repayment or in banks.

Mining and ownership of cryptocurrency

The future of cryptocurrencies in India remains to be discovered. The Reserve Bank of India issued a notice in 2018 forbidding banks from providing services to cryptocurrency exchanges, making it impossible to acquire, sell, or trade digital currencies. However, in March 2020, the Supreme Court of India overturned the prohibition. This might pave the road for cryptocurrencies to be legalised in India in the near future.

Despite the lifting of the prohibition, the legal position of cryptocurrencies in India remains uncertain, and they are not regarded as legal money. In India, however, there is no prohibition on possessing cryptocurrencies, and acquiring, selling, or exchanging digital currencies is not unlawful.

Mining cryptocurrency is currently illegal in India. The Reserve Bank of India has recommended all banks not offer services to any organisation or individual trading in cryptocurrency. This implies that mining, trading, and exchanging cryptocurrencies are prohibited in India. However, the government has yet to provide any precise rules on the subject.


Blockchain and Crypto laws are the new buzzwords while national governments are still drafting legislation. Some choices have been taken to help consumers understand how to deal with cryptocurrencies, but further clarification and a tight set of laws are still necessary. In India, cryptocurrency is not recognised as legal money, which means it is not a legal mode of payment. The Reserve Bank of India does not regulate cryptocurrency trading (RBI). Cryptocurrency exchanges are not authorised or regulated by the RBI to trade in cryptocurrency. Capital gains tax applies to cryptocurrency trading. In addition, all bitcoin transactions must be reported to the Internal Revenue Service.

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