NISM Series VIII, Chapter 8. Updated Jun 2026, 8-minute read.
Regulatory Framework for Equity Derivatives in India
The regulatory framework chapter covers the legal and compliance landscape that governs equity derivatives in India. SEBI, the relevant legislation, and the conduct expected of market participants are consistently tested in NISM Series VIII.
Key takeaways
- SEBI Act 1992 gives SEBI statutory power to regulate securities markets including derivatives
- SC(R)A 1956 governs stock exchanges and contracts — derivatives added as 'securities' in 1999
- SEBI permitted exchange-traded derivatives in June 2000 (L.C. Gupta Committee recommendation)
- Key SEBI circulars: margining, position limits, product design, algorithm trading, short selling
- Code of conduct: fair dealing, no market manipulation, no insider trading, client-first
- SEBI can investigate, suspend, and cancel registration of derivatives dealers
Key Legislation
SEBI Act, 1992
Gives SEBI the power to regulate the securities market, protect investor interests, and develop the market. SEBI can make regulations, issue circulars, inspect intermediaries, and take enforcement action.
Securities Contracts (Regulation) Act, 1956 (SC(R)A)
Governs contracts in securities. In 1999, derivatives were explicitly included as "securities" under SC(R)A, clearing the legal path for exchange-traded derivatives. Section 18A was inserted to make OTC derivatives valid contracts.
SEBI (Stock Brokers and Sub-Brokers) Regulations, 1992
Defines the registration, net worth requirements, and code of conduct for stock brokers who deal in derivatives.
L.C. Gupta Committee (1997)
This committee laid the foundational framework for derivatives in India, recommending:
- Phased introduction starting with index futures
- Cash settlement (not physical delivery)
- Exchange-based trading with central counterparty clearing
- SPAN margining system
- Mandatory certification for derivatives market professionals (→ led to NISM exams)
Code of Conduct for Derivatives Dealers
- Fair dealing: No misleading recommendations, no churning of client accounts
- Margin collection: Must collect margins from clients before placing orders
- No market manipulation: No wash trades, no painting the tape, no spoofing
- Segregation of funds: Client funds must be segregated from own funds
- KYC: Know Your Client norms mandatory before allowing derivatives trading
- Risk disclosure: Must provide risk disclosure document to all derivatives clients
Insider Trading in Derivatives
SEBI (Prohibition of Insider Trading) Regulations, 2015 applies to derivatives. Trading in options/futures of a stock using unpublished price-sensitive information (UPSI) is a criminal offence with fines and imprisonment.
Frequently asked questions
Can a retail investor trade derivatives without any certification?
Retail investors can trade derivatives without NISM certification — the certification requirement is for market professionals (dealers, sub-brokers). However, investors must sign a risk disclosure document and meet SEBI's criteria for derivatives trading (e.g., minimum demat account age).
What is the penalty for market manipulation in derivatives?
Under SEBI Act, market manipulation can attract penalties of up to ₹25 crore or 3x the profits, whichever is higher. Criminal prosecution under the Securities Laws (Amendment) Act 2014 can lead to imprisonment of up to 10 years.
Written by Arpan Das.
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