Interesting. But I'm not sure a regular Bitcoin exchange would fall under the Money Transfer Service Scheme (MTSS). MTSS is supposed to make foreign remittances easier, but only for personal relations like family.
This is from the
Reserve Bank of India website:
5. Other conditions
a. Only cross-border personal remittances, such as, remittances towards family maintenance and remittances favouring foreign tourists visiting India shall be allowed under this arrangement.
Now with a Bitcoin exchange one cannot chose to whom one is sending the money. But of course one could make a service where one sends Bitcoin and the recipient receives Rs. All one need to do is apply according to the above link and have about $130k in reserves etc.
On the other hand, if one wishes to trade in foreign (more like global) currency, like Bitcoin. One needs to comply with the
Foreign Exchange Management Act (FEMA). And as far as I can tell it gives extremely broad discretion to the RBI. Basically, if the RBI feel like they can trust you to always do as they say, you will be allowed to operate on their terms alone. It seems like this would only be possible to do if one partnered with a bank.
So as far as I can tell Bitcoin is legal in India under the following terms:
1. Used as a Bitpay-like foreign remittance technology by a company that has $130k and the patience to comply with regulation (ie. to verify the identity of both parties).
2. A partnership with a bank to make an INR-BTC exchange. This bank would have to be in close dialogue with the RBI though.
These type of legal services might come over time, but as anything that has to comply with regulation in India it will need just that -
time.
The most likely place for Bitcoin exchange in India is in the grey markets, on the street. As one can easily bring BTC into India, having liquidity in this market would be the matter of a number of individuals going to India to top-up the local grey market, then making outward remittances with the cash they get for the BTC. I'm sure the grey market will find many other ways of doing this as well.