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A Currency Without Borders, A Crime Without Face: Rethinking Law And Policy For Crypto Governance




Isha Agarwal, Symbiosis Law School, Noida


ABSTRACT


Emerging cryptocurrencies have disrupted financial ecosystems worldwide and have provided decentralised systems to replace traditional banking systems. The extensive use of cryptocurrencies in India has increased through high rates of digitalisation and accelerated fintech activity during the COVID-19 pandemic. Nonetheless, these assets' decentralised and anonymous nature has also fostered an explosion in cybercrimes such as money laundering, Ponzi schemes, dark-net purchases, and cross-border frauds such as pig butchering and crypto drainers. This research critically analyses the technological, legal and regulatory intricacies of cryptocurrency crimes in India, noting weaknesses in the system and the obstacles to enforcement. It then examines the national and international legal response, the responsibility of exchanges and intermediaries, and proposes effective regulatory reforms. India is balancing innovation with enforcement, making a flexible, harmonised legal framework aligned with global best practices essential for curbing misuse and ensuring safe crypto adoption.


Keywords: Cryptocurrency, Cybercrime, Money Laundering, Legal Regulation, Blockchain Technology



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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