Delhi High Court Rejects Plea for Crypto Regulation in Bitbns Case

The Delhi High Court rejects investor pleas seeking crypto regulation and a CBI probe into Bitbns, citing the absence of a formal legislative framework for digital assets in India.

Delhi High Court Rejects Plea for Crypto Regulation in Bitbns Case
Delhi High Court Rejects Plea for Crypto Regulation in Bitbns Case
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In a decision for India's growing crypto market, the Delhi High Court on February 11 2026, said no to investors who wanted the government to regulate crypto exchanges and investigate Bitbns.

These investors had trouble getting their money out. Were worried that something was not right with how Bitbns was handling their funds. So, they went to court asking for their money back and for the government to keep an eye on crypto exchanges, like Bitbns.

However, the bench headed by Justice Purushaindra Kumar Kaurav made it clear that, as Parliament and financial regulators have not yet established a clear framework for cryptocurrencies, it is not the court's responsibility to create new legislation or compel a central agency investigation.

Judicial Restraint In the Bitbns Crypto Dispute

The two main objectives of the Delhi High Court filings were stricter regulations for cryptocurrency exchanges in India and a CBI-led investigation into Bitbns in response to investor complaints about blocked withdrawals and discrepancies in asset valuations.

Investors argued that the absence of clear regulatory procedures left them exposed and limited in their choices for redress, including petitioners Rana Handa and Aditya Malhotra.

The court recommended that impacted investors take a more traditional legal route, such as filing FIRs with the local police, pursuing civil cases, or submitting compensation claims before consumer courts, rather than awarding unusual remedies.

Nevertheless, the High Court refused to give these orders. The court said that private cryptocurrency exchanges cannot be taken to court through a petition under Article 226, as they are not controlled by the government as per Article 12 of the Indian Constitution.

The court made it clear that making laws and rules is the job of the government and financial authorities like the RBI, SEBI and the Ministry of Finance.

The court suggested that investors who are affected should try a legal process. This can include filing a police report, with the police going to court for a civil case or making a compensation claim, in a consumer court.

This judicial restraint is rooted in constitutional law and has been maintained in previous decisions where judges have distinguished clearly between making policy and legal adjudications.

What This Means for India's Crypto Regulatory Landscape?

The crypto sector has grown fast, but the government rules are still not keeping up with what investors want and what’s happening worldwide.

India's approach to crypto has been all over the place. The country was worried about risks to the system and stability, so it didn't create clear rules for crypto. This shows that with many people investing, clear laws for crypto are still hard to get.

The Financial Intelligence Unit has started to oversee some crypto exchanges, including ones based in India and abroad that serve users. In the FY 2024-25, 49 crypto exchanges registered with the FIU, showing that they are trying to follow the rules even without clear laws in place.

The process of reviewing and refining policies is ongoing. It is explained in our blog India's Crypto Rulebook Is Under Review: What Triggered It & What Happens Next? that was published recently. According to this blog, India is considering altering its regulations in response to new concepts like stablecoins and more stringent measures against cryptocurrency theft.

The ruling from the High Court demonstrates the discrepancy between what the law does and what investors believe should protect them. Currently, the law provides insufficient protection and enforcement. Because of this, it is crucial to talk about and enhance the regulations.

Broader Impact on Investors & Regulatory Efforts

Although the Delhi High Court's decision might be a letdown for investors who were counting on the court to fix issues, it's a basic rule of law: judges follow and enforce the law as it stands; they don't create it. People affected by this have to either wait for lawmakers to clarify things or use existing solutions to settle cryptocurrency disputes and investor complaints because the courts made it clear that judges can't just impose new rules.

Events outside of the courtroom also demonstrate the intricacy of India's bitcoin scene. The government is obviously more concerned with protecting investors and preventing financial crime in the absence of a particular crypto law, as evidenced by the Enforcement Directorate and other authorities' nationwide crackdown on cryptocurrency fraud.

According to tax officials, India is monitoring shifting cryptocurrency trade trends to make sure that tax laws are being observed. This demonstrates that until formal crypto laws are implemented, tax systems are serving as a regulatory tool.

India's digital asset ecosystem is still characterised by ambiguity, as the Bitbns case demonstrates. Indian lawmakers are under increasing pressure to create clear, forward-looking legislation in light of the country's expanding retail participation, enforcement measures, and tightening frameworks from international regulators.

Investors will probably still have to deal with a complicated web of civil remedies, compliance registrations, and individual court rulings until then, with little general direction.

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