I think Ban has certain legal definition and other sections can be linked with this definition .So in your legal framework ,if there is a punish defined for handing banned material or providing banned services ,it is not easy to detect if someone is using bitcoin for his personal use or tread anonymously.
The rules depend in your country if they banned bitcoin but still accept payment using bitcoin or proscribe the used of bitcoin. There is a chance that you may be punished, pay penalty fee or can be sent to jail of you're caught or proven that you used bitcoin when they banned bitcoin in your country. If your country banned bitcoin it is better to follow the rules or suffer the consequence of your actions.