India Doesn't Need a Crypto Ban; it Needs a Crypto Policy

Authored By Nischal Shetty, Co-founder of Shardeum & WazirX

For nearly a decade, India has treated cryptocurrency as a question with two answers: ban it or allow it. That binary has outlived its usefulness. Roughly 39 million Indians already hold an estimated $2.1 billion in digital assets, according to Indian tax-department estimates cited by Reuters in July 2026, placing the country among the largest crypto markets in the world by user base.

The debate flared again this month when the Reserve Bank of India told a parliamentary panel that it favours prohibition, warning that a formal framework might lend crypto legitimacy. It's an understandable instinct from a central bank guarding monetary sovereignty. But it misreads the problem. Prohibition doesn't erase demand, it relocates it. Push activity underground and it flows to precisely the channels regulators fear most: offshore exchanges, private wallets, and peer-to-peer transfers that are far harder to trace than a registered domestic platform.

Uncertainty is the real cost

The status quo legal to trade, but unregulated as a product, taxed heavily, and periodically threatened with a ban is the worst of all worlds. It punishes everyone who plays by the rules while rewarding those who route around them.

Startups feel it first. A founder cannot raise capital, hire, or build a compliance function around a policy that has been drafted, shelved, and redrafted more times than anyone can count. India's own crypto discussion paper has reportedly been postponed on multiple occasions. Talent and companies that could have built here have simply incorporated in Dubai, Singapore, or elsewhere. That is innovation leaving, not innovation being contained.

Consumers feel it too. Without a licensing regime that sets standards for custody, disclosure, and how exchanges use client funds, users have little protection when a platform fails or a scam unfolds. "Buyer beware" is not a consumer-protection strategy. It is the absence of one.

Indians will use crypto regardless

Here is the fact that should anchor the entire policy conversation: Indian users will be pushed further into international platforms if there’s a ban or if a regulatory grey area exists for a longer time period. The tax department has already flagged this. In the year ending March 2023, fewer than one in four Indians who transacted in crypto reported it on their returns largely because overseas exchanges and non-custodial wallets make beneficial owners nearly impossible to identify.

A ban doesn't fix that gap. It widens it. Every user driven off a compliant, FIU-registered Indian exchange and onto an anonymous foreign one is a user the taxman can no longer see. Prohibition would hand the government the compliance nightmare it claims to be solving.

Regulation is the visibility the state actually wants

The paradox is that a clear framework serves the government's own goals better than a ban ever could. Regulation is what produces visibility, accountability, and tax compliance.

India already has the scaffolding. Exchanges must register with the Financial Intelligence Unit and follow KYC and anti-money-laundering rules. A 30% tax on gains and a 1% TDS are in place. From April 2026, stricter transaction-reporting standards carry real penalties. What's missing is the connective tissue: a licensing regime, a token-classification system that separates payment tokens from securities and utility tokens, and clarity on who regulates what. SEBI has already floated a multi-regulator model rather than an outright ban on a far more workable path.

Onshoring is the prize. If compliant domestic platforms operate under clear, enforceable rules, capital and trading volume return to where they can be taxed and traced. That is how India protects consumers and revenue at the same time.

The world isn't waiting. Institutional adoption abroad keeps accelerating, and the OECD's cross-border reporting framework arrives in 2027. India can shape sensible rules now, or inherit someone else's later. A ban is a decision to look away. A policy is a decision to govern. India should choose to govern.