Delhi HC Demands Centre and SEBI’s Response on BitBNS Crypto Fraud and Frozen User Funds

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The Delhi High Court has taken significant steps toward addressing the ongoing turmoil surrounding the BitBNS cryptocurrency exchange. A petition has raised alarms over users being unable to withdraw their funds since February 2022, allegedly due to a cyberattack. The plea, filed by multiple users, calls for tighter regulations on cryptocurrency exchanges and a thorough investigation by prominent agencies like the CBI or a Special Investigation Team (SIT). Authorities such as the Reserve Bank of India (RBI), Securities and Exchange Board of India (SEBI), and key government ministries have been directed to respond to this alarming situation. The petitioners have highlighted severe financial and emotional distress caused by discrepancies in user accounts and frozen withdrawals.

The Rise and Model of BitBNS

BitBNS, one of India’s prominent cryptocurrency exchanges, was established to provide seamless trading in virtual digital assets (VDAs). Founded by Indian entrepreneurs Gaurav Dahake, Prashant Singh, and Bhishma Thakur in 2017, BitBNS rapidly gained traction for its user-friendly interface and innovative trading options. The platform initially positioned itself as a reliable medium for users to invest in cryptocurrencies, allowing effortless deposits and withdrawals.

The exchange operates on a revenue model primarily centered around transaction fees. Each trade conducted on the platform incurs a small fee, generating substantial income as user activity increases. Additionally, BitBNS explored alternate revenue streams such as staking services, token listings, and premium features for high-value traders. With early success, the platform attracted venture capital funding, which enabled technological enhancements and service diversification.

The Crypto Crisis Unfolds

The crisis at BitBNS began in February 2022, following an alleged cyberattack that disrupted its operations. Users reported being unable to withdraw funds, with the platform restricting withdrawals to as low as ₹5,000 per day. Despite repeated assurances from the company, no permanent resolution has been provided, leading to immense frustration among affected users.

What makes the situation more concerning is the reported discrepancies in wallet balances and portfolio values. Users have pointed out that their portfolios did not reflect actual market trends, resulting in financial losses. These issues have not only eroded trust in BitBNS but also highlighted the vulnerabilities of India’s cryptocurrency ecosystem.

Legal Plea and High Court’s Intervention

The petition filed in the Delhi High Court underscores the need for stricter regulations for VDAs in India. Justice Sachin Datta, presiding over the case, issued notices to the Centre, RBI, SEBI, and other ministries to address the concerns raised. The petition seeks the establishment of clear guidelines to ensure transparency and accountability among crypto platforms.

One of the petition’s primary demands is the formation of an SIT or a CBI inquiry to investigate the alleged mismanagement and cyberattack. The plea also emphasizes the importance of educating users about cryptocurrency risks and enforcing measures to safeguard user funds.

Background: A Troubled Industry

The BitBNS case is not an isolated incident. The Indian cryptocurrency industry has faced several challenges, including regulatory uncertainty, cyberattacks, and lack of investor protection mechanisms. Recently, WazirX, another major exchange, reported a cyberattack in July 2024, resulting in the theft of $230 million worth of cryptocurrencies. Such incidents have shaken investor confidence and underscored the urgent need for robust policies and enforcement.

In BitBNS’s case, the platform’s alleged failure to address user grievances has intensified calls for regulatory scrutiny. Despite multiple complaints to authorities, including the National Cyber Crime Portal, affected users have struggled to retrieve their funds due to jurisdictional complexities.

Learnings for Startups and Entrepreneurs

The ongoing BitBNS crisis provides crucial lessons for startups and entrepreneurs in the cryptocurrency space and beyond:

1. Regulatory Compliance: Startups must prioritize compliance with existing regulations and prepare for evolving laws to maintain credibility.
2. User-Centric Approach: Transparent communication and swift resolution of user issues are vital to building long-term trust.
3. Risk Mitigation: Investing in robust cybersecurity measures is essential to protect user data and funds, especially in industries prone to cyber threats.
4. Crisis Management: A comprehensive crisis management strategy can help companies navigate operational disruptions and safeguard their reputation.

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