Module Overview

The intersection of cryptocurrency and criminal law presents unique challenges for legal practitioners in India. This module provides comprehensive coverage of criminal jurisprudence as it applies to cryptocurrency-related offenses, drawing from landmark cases such as the Amit Bhardwaj GainBitcoin fraud, Morris Coin case, and the ongoing WazirX-Binance ED investigation.

As cryptocurrency adoption grows in India, so do criminal activities leveraging the perceived anonymity and cross-border nature of digital assets. From Ponzi schemes worth thousands of crores to sophisticated money laundering operations, practitioners must understand both the substantive criminal law and procedural aspects governing these cases.

This module covers the transition from IPC provisions (Sections 420, 406, 120B) to their BNS equivalents (Sections 318, 316, 61), IT Act offenses, PMLA enforcement, investigation procedures, seizure mechanisms, bail jurisprudence, and practical aspects of FIR drafting and complaint strategies.

Learning Outcomes

1
Understand IPC/BNS provisions applicable to cryptocurrency frauds and their evidentiary requirements
2
Analyze Ponzi scheme characteristics and legal frameworks using GainBitcoin and Morris Coin precedents
3
Apply IT Act Sections 66, 66C, 66D, and 43 to cryptocurrency-related cyber offenses
4
Navigate PMLA enforcement in crypto cases including Section 45 bail restrictions
5
Master investigation and seizure procedures for cryptocurrency assets
6
Draft effective bail applications under Section 439 CrPC / 483 BNSS
1

Cryptocurrency Frauds - Legal Framework

Comprehensive analysis of IPC Sections 420, 406, 120B and their BNS equivalents (318, 316, 61) as applied to cryptocurrency fraud cases.

  • Elements of cheating under IPC 420 / BNS 318
  • Criminal breach of trust in crypto custody
  • Conspiracy charges and their application
  • Evidentiary requirements and challenges
90 min read Start Learning
2

Ponzi Schemes and MLM Frauds

In-depth study of cryptocurrency Ponzi schemes through the lens of GainBitcoin and Morris Coin cases, including regulatory violations.

  • GainBitcoin case - Rs. 5000 crore fraud analysis
  • Morris Coin - Kerala HC jurisprudence
  • Prize Chits Act and BUDS Act violations
  • SEBI CIS regulations applicability
100 min read Start Learning
3

IT Act Offenses in Crypto Context

Analysis of Information Technology Act provisions applicable to cryptocurrency crimes, including hacking, identity theft, and computer fraud.

  • Section 66 - Computer related offenses
  • Section 66C - Identity theft
  • Section 66D - Cheating by personation
  • Section 43 - Civil liability framework
80 min read Start Learning
4

PMLA and Crypto Transactions

Detailed examination of Prevention of Money Laundering Act enforcement in cryptocurrency cases, focusing on WazirX and Vauld investigations.

  • WazirX-Binance ED investigation analysis
  • Vauld (Yellow Tune Technologies) case
  • Section 45 PMLA bail restrictions
  • Attachment and confiscation procedures
95 min read Start Learning
5

Investigation and Seizure of Crypto Assets

Practical guide to investigating cryptocurrency crimes and seizing digital assets, including technical and legal procedures.

  • Blockchain forensics and tracing
  • Search and seizure procedures
  • Cryptocurrency wallet seizure
  • International cooperation mechanisms
85 min read Start Learning
6

Bail Jurisprudence in Crypto Cases

Comprehensive coverage of bail applications in cryptocurrency criminal cases under CrPC Section 439 and BNSS Section 483.

  • Siddharth Dalmia v. State of Gujarat analysis
  • Nishad K. v. State of Kerala (Morris Coin)
  • Section 45 PMLA twin conditions
  • Bail application drafting strategies
90 min read Start Learning
7

FIR Drafting and Complaint Strategies

Practical guidance on drafting FIRs, criminal complaints, and representing victims in cryptocurrency fraud cases.

  • FIR drafting for crypto frauds
  • Private complaint procedures
  • Documentary evidence requirements
  • Multi-jurisdictional considerations
75 min read Start Learning

Landmark Cases Covered

Amit Bhardwaj GainBitcoin Case

India's largest cryptocurrency Ponzi scheme involving over Rs. 5,000 crore. Charges under IPC Sections 420, 406, 120B. Multiple accused across states with complex corporate structures used to defraud investors.

IPC 420 IPC 406 IPC 120B Ponzi Scheme

Nishad K. v. State of Kerala (Morris Coin)

Kerala High Court Bail Application No. 2744/2021. Important precedent on bail considerations in cryptocurrency fraud cases, defining the scope of Prize Chits Act violations.

Kerala HC Bail Application MLM Fraud

Siddharth Dalmia v. State of Gujarat (2018)

GainBitcoin related bail application establishing important principles for custody and bail in cryptocurrency fraud cases involving multiple FIRs across jurisdictions.

Gujarat HC GainBitcoin Bail

WazirX-Binance ED Investigation

Enforcement Directorate investigation involving Rs. 2,790 crore attachment under PMLA. Landmark case on crypto exchange liability and compliance failures.

PMLA ED Attachment

Vauld (Yellow Tune Technologies) Investigation

ED investigation into cryptocurrency lending platform for alleged PMLA violations and investor fund mismanagement.

PMLA Crypto Lending ED

Module 4 Assessment

Test your understanding of criminal jurisprudence in cryptocurrency cases with 50 comprehensive questions covering case law, statutory provisions, and practical scenarios. Requires 70% to pass.

Take Module Quiz