Previous posts have talked about India’s interesting relationship with cryptocurrency. In 2018, India’s central bank, the Reserve Bank of India (RBI), had banned domestic financial institutions from providing banking services to cryptocurrency exchanges in India.  In March 2020, the India Supreme Court struck down the RBI ban as unconstitutional.  The report last month that the Indian government was weighing a proposal to impose an 18% goods and services tax on Bitcoin transactions was looked on positively by the crypto community because it was seen as an indication that the government was becoming more comfortable with cryptocurrency.  Now, the pendulum seems to have swung back in the other direction. 

On January 29, 2021, the news broke that India’s Parliament is going to be considering legislation that largely bans the use of private cryptocurrency.  In the agenda published on the lower house website, the listing of new legislation includes the Cryptocurrency and Regulation of Official Digital Currency Bill, 2021.  The purpose is described as follows:

To create a facilitative framework for creation of the official digital currency to be issued by the Reserve Bank of India. The Bill also seeks to prohibit all private cryptocurrencies in India, however, it allows for certain exceptions to promote the underlying technology of cryptocurrency and its uses.

If passed, this would obviously have a huge negative impact on the use of cryptocurrency in India.

Author

Email
David Zaslowsky is partner in the Litigation Department of Baker McKenzie's New York office. He helps companies solve complex commercial disputes in arbitration and litigation, especially those involving cross-border issues and Section 1782 discovery. David has a degree in computer science and, as a result, has worked on numerous technical-related disputes, including, most recently, those involving blockchain and artificial intelligence. In April 2025, Attorney Intel named David one of the top 25 blockchain lawyers in the country. He is the editor of the Firm's blockchain blog and co-editor of the firm's International Litigation & Arbitration Newsletter. David has been included for a number of years in the Chambers USA Guide and Chambers Global Guide for his expertise in international arbitration. He also sits as an arbitrator and is on the roster of arbitrators for a number of arbitral institutions. David sits on the Board and chairs the governance committee of the New York International Arbitration Center, and is a founding member of the International Arbitration Club of New York. For over 35 years, he has written and spoken often on the subjects of arbitration and international litigation.