Bombay High Court allows BNS Section 75 charge where complainant identifies as woman

The Bombay High Court ruled that Vishal Ingle will not be acquitted, upholding the application of Section 75 of the Bharatiya Nyay Sanhita (BNS) when the complainant identifies as a woman, despite being transgender. Justice Mehroz Pathan made this decision on November 3. The court rejected the argument that Section 75 could not be applied because the complainant is transgender, not a woman.

The judge noted that the complainant identifies as a woman and has undergone hormone therapy. The FIR mentioned allegations of outraging the modesty of the complainant, who identifies as a woman post-hormone treatment. The judge concluded that allegations of assault and outraging a woman's modesty can be sustained when the victim is a transgender person identifying as a woman.

Ingle was an Agniveer at the time of the incident. The police filed charges under Section 75, Section 296 of the BNS, and the Transgender Persons (Protection of Rights) Act, 2019. The judge dismissed the claim that Section 18(D) of the 2019 Act was not applicable due to the lack of a certificate of identity. According to Section 2(k), a person may identify as transgender without a certificate.

Section 5 allows for a certificate to be obtained from the District Magistrate. The complainant obtained a certificate on February 12, 2026. The assault occurred on October 28 and 30, 2025. The judge emphasized that the absence of a certificate at the time of the offense does not invalidate the application of the 2019 Act. The FIR indicates that Section 18(D) was invoked, and the allegations fall under the provisions invoked against Ingle.