Delhi High Court Declines to Regulate Crypto Exchanges, Says Policy Calls Lie with Government
Court Draws a Clear Line on Crypto Regulation
India’s crypto investors got a surprising answer from the courtroom recently, and it wasn’t the one they were hoping for.
The Delhi High Court made it crystal clear: writing rules for cryptocurrency regulation in India is not a judge’s job. That responsibility belongs to Parliament and the government alone.
A group of worried investors had knocked on the court’s door, asking for stronger supervision of crypto platforms. They also wanted a CBI investigation crypto case filed against Bitbns, a well-known Indian exchange that has been at the heart of the ongoing Bitbns controversy. The court respectfully declined both requests.
What Was the Case Really About?
At its core, the petition raised valid concerns. Investors alleged financial irregularities tied to Bitbns and pushed for a court-directed Bitbns CBI probe. Their argument was simple: without solid Indian crypto laws, retail investors are left completely exposed.
The bench didn’t disagree with that concern. But it held its ground. Designing a regulatory framework for crypto platforms is a policy matter. If there’s actual criminal activity, the court noted, normal legal options already exist.
Where Does That Leave Investors?
The court advised affected investors to use standard legal routes, file an FIR or approach civil courts. Sounds simple, right? In reality, it’s anything but. Without clear cryptocurrency regulation in India, chasing down digital assets and proving fraud is a long, exhausting process.
India has taken one step, a flat 30% tax on crypto profits. But taxing something and regulating it are two very different things. A full legal framework is still being debated, while investors continue to operate in uncertain territory.
The Ball Is Now in Parliament’s Court
The Delhi High Court didn’t walk away from this issue out of indifference. It simply followed the rules courts interpret laws; they don’t create them.
But by stepping aside, the court sent a loud signal to lawmakers: the gaps in Indian crypto laws are no longer just a policy talking point. They are hurting real people with real money on the line.
It’s time for Parliament to act.
