India is on the cusp of Crypto Regulation based on IMF-FSB Synthesis Paper — What Should the Indian Framework Look Like?
India today stands at a defining moment in its digital financial evolution. While the world inches closer to standardized crypto regulatory frameworks, India’s approach remains cautious, fragmented, and, at times, reactionary. Yet, the global consensus is converging — as captured by the IMF-FSB Synthesis Paper — which provides a robust and flexible guideline for countries to regulate crypto-assets without resorting to blanket bans or regulatory paralysis.
If the Government of India (GOI) were to shape its digital asset regulation based on this synthesis paper, we must not just adopt — but adapt — its principles to reflect the Indian socio-economic landscape, regulatory institutions, and innovation potential.
Why India must act now
The absence of a clear legal framework has led to a mass exodus of Web3 talent and capital to more welcoming jurisdictions like Dubai, Singapore, and Switzerland. India risks becoming a consumer of Web3 products, not a builder of them. A strong, inclusive, and innovation-friendly regulation rooted in the IMF-FSB guidelines could reclaim India’s leadership in this domain.
Core principles from the IMF-FSB synthesis paper
The paper advocates for:
- Same activity, same risk, same regulation
- No blanket bans but tight oversight on risky activities
- Clear taxonomies for digital assets
- Cross-border collaboration
- Risk-based, proportionate, and tech-neutral regulation
These principles strike a balance between innovation enablement and risk containment — a framework ideal for an emerging digital economy like India’s.
Proposed framework for Indian crypto regulation
- Legal clarity & asset classification
India must go beyond the narrow definition of Virtual Digital Assets (VDAs) in the Income Tax Act and clearly classify:
- Payment Tokens (e.g., Bitcoin)
- Stablecoins (including INR-pegged tokens)
- Utility Tokens
- Security/Asset-backed Tokens
- Non-Fungible Tokens (NFTs)
This will enable regulators to apply existing laws (e.g., SEBI for securities, RBI for payments) more precisely.
- Licensing & VASP registration
Taking cues from the FSB framework, India should establish a tiered licensing regime for Virtual Asset Service Providers (VASPs):
- Exchanges, wallet providers, stablecoin issuers, and custodians must register with a central portal—co-managed by SEBI, RBI, and FIU-IND.
- Licensing must require tech audit certification, AML compliance, and consumer protection readiness.
Startups could be allowed to operate in regulatory sandboxes under SEBI or MeitY for a 12–18 month window before full licensing kicks in.
- AML/CFT & travel rule implementation
India must adopt FATF’s Travel Rule to prevent misuse of crypto for terror financing and money laundering. All transactions above INR 1,000 should:
- Require full KYC
- Be traceable via blockchain analytics
- Be reported to FIU-IND if flagged as suspicious
VASPs should integrate with national databases (e.g., PAN, UIDAI) for seamless identity verification.
- Stablecoin controls with monetary sovereignty
No INR-pegged stablecoin should be launched without RBI’s explicit approval. Any foreign stablecoin operating in India must:
- Hold equivalent INR reserves in Indian banks
- Comply with FEMA and RBI reporting norms
India could even consider launching its own regulated INR stablecoin for programmable use cases — from government subsidies to cross-border trade.
- Taxation and compliance rationalisation
The current regime—flat 30% tax on crypto gains and 1% TDS on every trade—has pushed Indian users offshore. A revised structure could include:
- Progressive capital gains taxation aligned with equity markets
- Waiver or reduction of 1% TDS for verified Indian exchanges
- Crypto-to-crypto swaps allowed under clear frameworks
This would improve tax collection and incentivize compliance.
- Consumer protection & disclosure standards
All token issuers should:
- Disclose project details, risk factors, tokenomics, and founder identities
- List only via vetted, compliant exchanges
A risk-rating system similar to mutual fund classifications can help investors make informed decisions. A grievance redressal mechanism must be mandatory for all exchanges.
- Cross-border and institutional coordination
India should lead or participate in:
- G20 Web3 Regulatory Consortium
- Bilateral regulatory MoUs with Singapore, UAE, and UK
- Global crypto forensics and enforcement alliances
This would prevent regulatory arbitrage while increasing India’s stature as a trusted digital hub.
- Cybersecurity and operational resilience
All Indian VASPs must:
- Undergo regular VAPT and red teaming assessments
- Report cybersecurity incidents to CERT-In
- Comply with Digital Personal Data Protection (DPDP) Act standards
India should also consider establishing a Web3-specific CERT to pre-empt hacks and exploits.
Conclusion: India’s window of opportunity
The IMF-FSB synthesis paper provides a solid global compass. But India must chart its own course — rooted in digital trust, financial inclusion, and strategic autonomy.
Why India needs crypto regulation now
India stands at a crossroads. While the world moves ahead with clear crypto policies, we are still stuck in limbo. This delay is costing us dearly:
– Talent exodus: Top Web3 founders have shifted to Dubai or Singapore for regulatory clarity.
-Investor flight: VCs avoid Indian entities due to uncertainty in crypto taxation & compliance.
-Innovation drain: India’s potential to lead in blockchain tech is being lost—bit by bit, block by block.
We need smart, forward-looking regulation—not to promote speculation, but to enable innovation, ensure consumer safety, and retain talent.
Every month of delay pushes India further behind in the Web3 race. The time to act is NOW.
This isn’t just about crypto. It’s about whether India will lead or lag in the next internet revolution.
