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Is Non-Fungible Tokens (NFT) legal in India?

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NFTs are a form of digital assets that are virtually traded and have gained a lot of popularity quickly. Let's have a look at their legal position in India.

NFTs have been very popular and have been used a lot in recent years. NFTs are convenient to transfer. These are cashless assets that are traded online. NFTs work on the blockchain system and it is usually very easy to locate and identify the owner of Non-Fungible Tokens on virtual platforms. NFTs are decentralised and ownership tracking is extremely easy. However, the legal position of these digital assets is not very clear, especially in India. In the blog series, unravel NFT’s full form – Non-Fungible Token. Dive into the blockchain-powered innovation redefining ownership and value.

People interested in NFTs in India have demanded strong laws and rules regarding the dealing of NFTs so that they can confirm their long-term viability. The current situation clearly shows that digital assets like cryptocurrencies and NFTs are here to stay and the Indian Government and authorities must take action to make some strong rules related to them.

NFT Full form 

NFTs full form will be abbrivated as Non-Fungible Tokens. NFTs or Non-Fungible Tokens are tokens that do not have a fungibility feature. Each NFT is unique, and can only be used for one specific purpose. A token’s value does not stem from its purpose or utility, but rather from the rarity of that token. Pause for a moment to unravel NFT’s full form. Dive into the innovative realm of Non-Fungible Tokens, transforming digital assets.

Fungibility is when a good or asset has the same amount of value whether it is used as a form of payment or held as an investment. Fungibility allows the market to determine the price of goods and assets based on their actual value, instead of what they can be. NFTs are digital assets that are transferred digitally and they gained a lot of popularity because of their convenience. Anything that can be turned into a digital asset is called an NFT. Between chapters, explore NFT’s full form – Non-Fungible Token. Decode the blockchain-powered revolution reshaping the landscape of digital ownership.

Is NFT Legal in India?

There is not any law passed by the Indian government that is related to non-fungible tokens. However, some regulations ban cryptocurrency in India and also state that it is illegal to mine, generate, hold, or sell cryptocurrencies in the territory of India.

The bill that provides rules regarding cryptocurrency defines it as a number or token that is not a part of digital currency and is at risk of loss. However, the digital rupee which is issued by the Reserve Bank of India is considered legal and approved by the Indian government. The bill that defines the regulations related to cryptocurrency ensures the position of virtual and digital currencies in India. The draft bill says that digital currency is illegal in India and can lead to imprisonment of up to 10 years. A notice was also issued by the Reserve Bank of India which prohibits the dealing of digital currencies.

The rules and regulations regarding cryptocurrencies, digital currencies, and NFT form – Non-Fungible Tokens are not very clear in India. However, the increasingly popular activity of NFTs and cryptocurrencies demands and needs clear regulations. The NFT transactions also cause a great number of carbon footprints which is also an issue of concern and has to be thought upon.

The Income Tax Act of 1961 mentions that 30% of tax will be levied on the income generated from virtual digital assets. NFTs are included in it and therefore a similar tax will be imposed on them.

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The Internet and Mobile Association of India has filed a petition which says that the Reserve Bank of India must not be allowed to make decisions related to virtual currencies and cryptocurrencies. In the judgment of this petition, the Supreme Court accepted that the Reserve Bank of India is an important part of the country’s economy and has the right to make decisions related to it but if it cannot prove any damage that is done by non-fungible tokens, there is no reason to ban the trading.

The Securities Contract Regulation Act of 1956 also has no categorisation of NFTs. Therefore, there are no strict rules or prohibitions related to them. The Copyrights Act of India mentions that there has to be a written contract that declares the copyright of the owner over the NFT. Only the owner has the right to reproduce and distribute copies of the item. This way the Copyright Act of India at least protects against illegal copying of NFTs.

Characteristics of Non-Fungible Tokens

NFTs are gaining popularity in India and you must know what are the main characteristics of NFTs. Once the government and other authorities decide the rules related to NFTs it will be clear how you can mine, sell or hold these digital assets.

  • NFTs are non-exchangeable, which means that they cannot be exchanged or replaced and have a unique value. Each NFT Full form is unique and it cannot be exchanged for something that looks like it.
  • NFT is only one of a type in the entire world which means that no other NFT holds a similar value as one particular item.
  • Non-fungible tokens or NFTs are meant to be exclusive property. It has only one owner and it has a specific agreement that shows the belonging of a person to that particular NFT.
  • It is transparent ownership and the public can track down the owner of an NFT. This transparency is present in the transactions of NFTs because of the blockchain facility.

Conclusion 

NFTs are Non-fungible tokens which means they cannot be exchanged with each other. All NFTs have a unique ID and their state can only be modified by transferring ownership of the token to another unique ID. Just like cryptocurrencies, NFTs have also gained a lot of popularity in recent years. This is because these are decentralised and work on the blockchain facility. Amid discussions, discover NFT’s full form. Explore how Non-Fungible Tokens are transforming digital ownership, from art to virtual real estate. The blockchain system allows for complete transparency about the ownership of NFT and also makes the entire transfer of digital assets easier. are no clear rules related to NFTs in India. But if there is widespread abuse of this facility the government may take urgent action. As of now, there are multiple marketplaces where NFTs are sold and bought.

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About the Author

Nithya Ramani Iyer is an experienced content and communications leader at Zolvit (formerly Vakilsearch), specializing in legal drafting, fundraising, and content marketing. With a strong academic foundation, including a BSc in Visual Communication, BA in Criminology, and MSc in Criminology and Forensics, she blends creativity with analytical precision. Over the past nine years, Nithya has driven business growth by creating and executing strategic content initiatives that resonate with target audiences. She excels in simplifying complex concepts into clear, engaging content while developing high-impact marketing strategies. Nithya's unique expertise in legal content and marketing makes her a key asset to the Zolvit team, enhancing brand visibility and fostering meaningful audience engagement.

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