Guidancestruck_down

Prohibition on dealing in Virtual Currencies

India Reserve Bank of India

Overview

The RBI circular barred RBI-regulated entities from dealing in virtual currencies or facilitating related services; the Supreme Court set it aside on proportionality grounds in 2020.

Current state: No longer valid from 2020-03-04 after Supreme Court judgment

Key Details

Jurisdiction

India

Regulator

Reserve Bank of India

Law Type

Guidance

Status

Struck Down

Official Law Number

RBI/2017-18/154; DBR.No.BP.BC.104/08.13.102/2017-18

Official Title

Prohibition on dealing in Virtual Currencies

Effective Date

April 6, 2018

Publication Date

April 6, 2018

Last Verified

August 26, 2026

Who This Law Applies To

Historically banks, payment institutions, NBFCs and other RBI-regulated entities; indirectly exchanges and crypto users needing banking access.

Key Requirements

Key Requirements

Historical requirement: regulated entities could not deal in or facilitate VCs and had to exit existing relationships within three months. It must not be presented as current law; standard KYC, AML/CFT and FEMA duties remain.

Licensing & Registration

Authorization rule: Historical requirement (no longer valid).

AML/CFT

AML/CFT duties are material; consult the instrument and current implementing rules for scope, thresholds and filing mechanics.

Custody & Safeguarding

No dedicated custody rule is the primary focus of this record.

Disclosure & Marketing

No dedicated marketing code is the primary focus; ordinary consumer and advertising law may still apply.

Market Integrity & Enforcement

Regulator: Reserve Bank of India.

Tax Treatment

Not a tax code. Tax consequences depend on taxpayer, asset and transaction under the jurisdiction's current tax law.

Related Laws

NoticeIn ForceIndia

PMLA Gazette Notification S.O. 1072(E) — Virtual Digital Asset Service Providers

Notification S.O. 1072(E) under the Prevention of Money-Laundering Act, 2002

Added August 29, 2026Effective: March 7, 2023Ref: S.O. 1072(E)

India's PMLA Gazette Notification S.O. 1072(E), dated 7 March 2023, brings specified virtual digital asset activities within the Prevention of Money-Laundering Act reporting-entity perimeter for the first time. It triggers FIU-India registration, customer due diligence, recordkeeping and suspicious-transaction reporting for persons carrying on listed VDA exchange, transfer, custody, administration and issuer-related financial services for or on behalf of another person.

AML/KYCExchanges
fiuindia.gov.inView Law Profile
Court DecisionIn ForceIndia

Internet and Mobile Association of India v. Reserve Bank of India

Added August 26, 2026Effective: March 4, 2020Ref: W.P.(C) Nos. 528/2018 & 373/2018

India's Supreme Court set aside RBI's 2018 banking restriction because the measure was disproportionate on the record, while recognizing RBI's regulatory authority over virtual-currency risks. Current state: Supreme Court judgment effective 2020-03-04; it set aside the 2018 circular but did not declare crypto legal tender or create a licensing regime

BankingConsumer ProtectionEnforcementAML/KYC+1 more
api.sci.gov.inView Law Profile
GuidanceCurrent GuidanceIndia

India VDA AML/CFT Guidelines

FIU-IND AML & CFT Guidelines for Reporting Entities Providing Services Related to VDAs

Added August 24, 2026Effective: January 8, 2026Ref: FIU-IND Guidelines

Brings specified VDA service providers into an operational AML/KYC and reporting framework.

AML/KYCLicensingExchangesCustody
fiuindia.gov.inView Law Profile
Tax RuleIn ForceIndia

India VDA Income Tax Rules

Income-tax Act sections 115BBH and 194S

Added August 24, 2026Effective: July 1, 2022Ref: 115BBH / 194S

Creates the special tax and withholding framework for income and consideration from VDA transfers.

Tax
incometax.gov.inView Law Profile
OtherIn ForceJurisdiction unavailable

Decision No. E/35/2023 — VASP Registration and AML/CFT Instructions

Decision No. E/35/2023 on Virtual Asset Service Provider Registration, Cancellation of Registration and AML/CFT Instructions

Added August 29, 2026Ref: Decision No. E/35/2023

Oman's FSA Decision No. E/35/2023 requires registration with the Oman Financial Services Authority (formerly Capital Market Authority) before carrying on covered virtual-asset activities in the Sultanate of Oman. It implements AML/CFT, governance and compliance requirements, and provides registration, cancellation and supervisory procedures. This is a VASP registration/AML regime and should be distinguished from any future full licensing framework.

LicensingAML/KYCExchanges
fsa.gov.omView Law Profile
RegulationPartially EffectiveJurisdiction unavailable

BCB Resolutions No. 519, 520 and 521 of 2025 — Virtual Asset Regulatory Framework

Resoluções BCB nos. 519, 520 e 521, de 10 de novembro de 2025

Added August 29, 2026Ref: BCB Resolution No. 519/2025; No. 520/2025; No. 521/2025

Brazil's Central Bank (BCB) Resolutions No. 519, 520 and 521 of 10 November 2025 implement the virtual-asset regulatory framework under the supervision of the Central Bank. Resolution 519 establishes VASP authorisation procedures; Resolution 520 sets activity, governance, controls, security and conduct requirements; Resolution 521 integrates specified virtual-asset operations into Brazil's foreign-exchange and international-capital rules. Commencement is staged during 2026 — verify the effective date for each resolution separately.

LicensingExchangesAML/KYCConsumer Protection+1 more
bcb.gov.brView Law Profile