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ARTICLE · 27 MARCH 2020

Cryptocurrency Verdict - IMAI vs RBI*

Reserve Bank of India (RBI) first issued its ban on banks' dealings with crypto businesses back in April 2018 (the ‘order'), which took effect in July of that year.

IndiaTechnology

By: Vijay Pal Dalmia, Advocate
Supreme Court of India & Delhi High Court
Email id: [email protected]
Mobile No.: +91 9810081079
Linkedin: https://www.linkedin.com/in/vpdalmia/
Facebook: https://www.facebook.com/vpdalmia
Twitter: @vpdalmia
And Siddharth Dalmia
Email id: [email protected]
Mobile: +91 9971799250

Reserve Bank of India (RBI) first issued its ban on banks' dealings with crypto businesses back in April 2018 (the 'order'), which took effect in July of that year1. The RBI notification was then challenged before the Supreme Court of India by the Internet & Mobile Association of India (IAMAI). The Court, whilst deciding the matter, looked at the draft bill which has been proposed (but not passed) by the legislature, namely Banning of Cryptocurrency & Regulation of Official Digital Currency Bill, 2019. The Court held that the stand of the legislature cannot be gauged from this bill as the bill, on the one hand, imposed criminal liabilities on

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