Bitcoiners cannot go to court, since Bitcoin operates across jursidictions. Best part of Bitcoin is its free operation, not so best part is cannot go to courts(i guess this may happen in future they people indeed may approach courts over bitcoin).
Or, new decentralized courts will be setup to identify non-jurisdictional crime. This is in the purview of a Libertarians aspect of Private law.
We can operate without PAN, and ask PAN while withdrawal.
Thank you. This will help you move forward for sure.
There is are inherent problems with that and need input feedback\solution for this in this community:
And everyone will help answer to our best ability.
1) A person deposits >50K and does not operate his account(this may go not reported, since no identity).
If INR is deposited over specified limit, then PAN must be provided. This is a simple argument that needs to be coded into your deposit rules function. If BTC is deposited, nothing matters on the deposit as there is no regulation 'yet' (24th May 2013). Accounts can even be anonymous until the person wishes to 'Withdraw in INR'. But allowing anon accounts is a strategy decision and I will not advise on that.
Your withdrawal rules need to use the same identifier from your database as PAN received. If the PAN has been received then Withdrawal/ Deposit of specified amounts may continue. If no PAN card is received, then no withdrawals in INR will be permitted.
So that way, you have no deposits in INR over specified limits and you will not have any Withdrawals from peeps who do not have the required KYC/ AML.
This is a model where you play entirely in unregulated space.
Assuming that your legal strategy was to circulate money and free accounts within the 7 day deposit rule period, then that is not possible. You 'NEED' a quasi banking licence in order to accept INR deposits. I would advice you to look toward forming your own co-operative society bank for this. Co-operative banks have recently been granted further freedoms from the RBI and they look very promising for community/ local space banking and investments.
luckyindia (from our forum) had proposed this model to me some time ago, but the regulations did not look as good as they do now. Please do message him to understand more. He has been a lifetime entrepreneur and loves to help.
2) A person hacks another bank account and transfers money to the exchange account, buys bitcoins and withdraws bitcoins. This is a huge issue.
Thats what you hire Fraud and Risk people to deal with. Of course, you need to partner with few banks as well for this. This is a problem that even Flipkart face, so you need to seek guidance in Fraud and Risk.
3) Person deposits >50K without learning there needs to be PAN and while withdrawing, if we demand PAN while withdrawal of INR he might feel cheated. Many of international payment solution does similar to this.
If you read point 1, then you will see that a single condition in your code can prevent this.