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The Regulation Of Bitcoin In Indian Markets: With Reference To American Regulatory Mechanisms




Manasa Vishwanath, School of Law Christ University


ABSTRACT


Cryptocurrency in India is a highly unregulated and volatile market tool of the modern international financial economy. The market has existed for over a decade from the launch of Bitcoin in 2009; however, the regulation and legal control over the same is poorly developed in comparison to the staggering growth of the value of cryptocurrency and its prevalence in the market. It has now developed into a non-traditional financial institution whose purpose and function is not privy to fundamental norms of traditional finance and banking institutions. Every attempt in regulation of these volatile and unpredictable assets seems to be a clear disregard to its very purpose as a financial entity which functions in a decentralized market. This paper seeks to analyze and study the regulation of cryptocurrency, particularly Bitcoin, in the Indian economy. It seeks to analyze and interpret the nature of cryptocurrency and the regulation of its trade, sale, generation, holding and transfers. This paper includes a study of the American legal system and its regulatory mechanisms in relation to securities and commodities classifications of cryptocurrency with reference to which regulatory propositions for the Indian legal system are made.


Keywords: Bitcoin, Cryptocurrency, Regulation, India

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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​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.

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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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