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BITCOIN: AN UNLAWFUL PRODIGY

Author: Fawaz Aftab, IV year of B.A.,LL.B. from Jamia Millia Islamia


Introduction

Bitcoin is a cryptocurrency, a virtual currency or a digital currency. primarily it is quite a money that is completely virtual. It's like a web version of cash. It's used as a medium of dealing between two people in digital mode. Each Bitcoin is an information file that is kept throughout a 'digital wallet’ app on a smartphone or laptop computer. Each dealing is recorded throughout a public listing brought up because of the blockchain. An alternative name for a blockchain could be a "distributed ledger," which forces the distinction between this technology and a well-kept Word document. It was created in 2009 by a person named Satoshi Nakamoto.


That was the fundamentals of bitcoin we tend to all have to be compelled to understand. Allow us to currently check up on the journey of Bitcoin in the Asian nation. Though Bitcoin’s origin was in early 2009, the murmurs in India started around 2012 once freelance software package developers in India were obtaining paid in Bitcoin from their employers within the North American country or different countries to avoid high transfer fees


Legal Issues

Cryptocurrencies exchanges came into existence in 2013 and among a variety of months, the first response regarding cryptocurrencies came among the variability of warnings from run batted into the ultimate public on the risks involved in dealing Cryptocurrencies. Cryptocurrencies are not legal tender in India. While exchanges are legal due to the absence of a regulatory framework. A protracted licensing process makes it very difficult to operate certain cryptocurrency services and innovative technologies. Currently, there is a lack of clarity on the tax status of cryptocurrencies. The chairman of the Central Board Of Direct Taxation has said that anyone making a profit from bitcoin will have to pay taxes on them. Other Income tax department sources have suggested that Cryptocurrency profit should be taxed as a capital gain.


The banking company of Reserve Bank of India (RBI) initially issued its ban on banks dealings with crypto businesses back in July 2018, which took place in the New Style calendar month of that year 2018. The run notification was then challenged before the Supreme Court of India by the Net & Mobile Association of India (IAMAI). The Court, while deciding the matter, confirmed the draft bill that has been projected (but not passed) by the general assembly, significantly forbidding the Cryptocurrency & Regulation of Official Digital Currency Bill, 2019. The Court command that the stand of the general assembly can't be gauged from this bill as a result of the bill, on the one hand, obligatory criminal liabilities on the users of cryptocurrencies and criminalized sure activities like mining, holding, selling, trade, issuance, disposal or use of cryptocurrency among the country. On the other hand, the bill sealed the means for the govt. . to introduce its digital currency, significantly ‘Digital Rupee,’ by the Central. Bank.


The Court put together emphasized that The Crypto-token Regulation Bill, 2018 initially recommended by the Inter-Ministerial Committee contained proposals (i) to ban persons managing activities related to crypto tokens from incorrectly motility these merchandise as not being securities or investment schemes or providing investment schemes because of gaps among the present restrictive framework


(ii) to regulate VC exchanges and brokers where the sale and find might even be permissible. The key aspects of the Crypto-token Regulation Bill, 2018, found in paragraph 13 of the ‘Note-precursor to report’ shows that the Inter-Ministerial Committee was fine with the thought of allowing the sale and find of a digital crypto quality at recognized exchanges.


Therefore, the intention and additionally the stand of the general assembly remains unclear on the matter of cryptocurrencies. The Court initially determined the explanation because that the notification by the tally had been issued. The explanation given by the tally is that cryptocurrencies might disrupt these financial institutions. According to the January hearings, IAMAI’s legal counsel had argued before the court that tally had itself didn't adequately analysed the matter before deciding to need action. “Opinion can't be formed on unreal grounds,” the counsel had argued.


The Court united that the run hadn't proved or bolster (through low-cost grounds) but the functioning of existing institutions is also discontinuous through cryptocurrencies. The Court relied on its decision in State of geographical area v. Indian Hotels and Restaurants Association; there ought to be a minimum of some empirical data relating to the degree of hurt suffered by the regulated entities (after establishing that they were harmed). It isn't the case that any of the entities regulated by it suffered on account of the availability of banking services to the online platforms running VC exchanges. The Court further iterated that the manager orders, a bit like the order in question, have to be reasoned and have a rationale and cannot be ambiguous. This excitement was further fuelled among the subsequent months as a result of a delicate increase in Bitcoin prices and major events like Bitcoin Halving. There are more and heaps of articles among the Media than ever before throughout the “Bitcoin Halving” event that rectifies to many new investors jumping into the Bitcoin bandwagon. With all the joys around the cryptocurrency house, Bitcoin regulation in the Reserve Bank of India was in limelight yet again in January 2020 once Economic Times released a piece stating that a note on ban cryptocurrencies has been touched by the finance ministry to inter-ministerial consultations. On Jan 29, 2021, the govt says it's going to introduce a bill to form a sovereign digital currency and at an identical time ban all personal cryptocurrencies. The recently-revived trade realises it faces a second existential threat. The bill seeks to ban all personal cryptocurrencies in the Reserve Bank of India. However, it would allow exceptions to promote the underlying technology of cryptocurrency and its uses,” the govt. says. Replying to a matter among the Rajya Sabha last week, government minister Nirmala Sitharaman said, “The Government does not have faith in crypto-currencies tender or coin and may take all measures to eliminate the use of these crypto-assets in finance illegitimate activities or as a section of the payment system.” The minister, however, said that the govt. . would explore the employment of blockchain technology proactively to debut a digital economy. She said that a High-Level Inter-Ministerial Committee (IMC) has endorsed that every one personal cryptocurrency, except any cryptocurrency issued by the State, be prohibited in the country.


Since the Cryptocurrency and Regulation of Official Digital Currency Bill, 2021 is already in pipeline to create a “facilitative framework” for the creation of a digital currency that will be issued by the run, the road ahead would be anxious private for cryptocurrency as a result of identical Bill will compel all personal cryptocurrencies in the Republic of India but will yield positive exceptions to push the underlying technology of cryptocurrency, and its uses. We’ve seen our Prime Minister speak fully regarding blockchain, and I’m positive that he’ll confirm the Indian youth folks have gotten tuned in to crypto, and need to pursue a career in Blockchain. Positive laws will provide a vast push to crypto adoption in the Republic of India with heaps of startups building on the blockchain. With school giants like JP Morgan, and Facebook jumping on the crypto bandwagon, within the resultant few years, crypto will become thought of, and we’ll see heaps of and heaps of use-cases of crypto come to life. Further, the recent DEA’s reply to a Right to Information (RTI) application states that the govt. is not entirely happy with this bill.


Over the years, perennial statements and hearsays relating to Cryptocurrency rules in Indian have extremely created the capitalist heaps of resilience to such news. What the crypto community expects is also a proper announcement from the government. On its stance on cryptocurrency rules or rather wait it out for the technology to mature further before jumping the gun to stifle its growth in the Reserve Bank of India.

Conclusion

The future of bitcoin in India does not look very good. The government has been warning about this from time to time. So I think bitcoin should be banned in India because if we talk about India, we do not take much interest in the use of cryptocurrencies and it's hard to track down exchange money on lots of illegal things for the government cryptocurrency. It's a digital currency so investments are always risky.


People in India face a lot of difficulties in understanding this cryptocurrency as they are confused about the regulations and transactions through it. They like to buy cryptocurrencies and leave them in the custody of others who are at risk of internal theft and hackers.


If any user loses the private key to their wallet and the account gets hacked at any time, you will lose all your bitcoins and no one will be able to help you. There is no getting back and it can cause financial losses to that user. When you buy things online using Bitcoin and if the seller sends you the undesired stuff, then you won’t get a refund in any form. Many online merchants (sellers) do not accept Bitcoin for payment. Bitcoins are still only accepted by a very small group of online merchants.


Several difficulties like forgetting the private key, account security problems etc also disallows us in the proper implementation of Bitcoin. A lot of Indian people still do not do online transactions because of the risk and many people are not well informed about bitcoin. In this article, I have elaborated on the risks involved in the transactions of bitcoins and the legal issues related to it.


Author's Bio

Fawaz Aftab is a penultimate year Law student pursuing law from Jamia Millia Islamia is a Researcher with a demonstrated history of working in legal research industry. Skilled in legal Writing, legal drafting, leadership and public speaking. His interest is in Criminal Litigation and Women rights.