'Transgender Woman Can Invoke BNS Provision On Outraging Modesty Of Woman': Bombay HC

Mumbai, November 7, 2026: The offence of outraging the modesty of a woman under Section 75 of the Bharatiya Nyaya Sanhita (BNS) can be invoked even when the victim is a transgender person who identifies as a woman, the Bombay High Court has held.

Justice Mehroz Pathan, on November 3, rejected the discharge application of Vishal Ingle, an Indian Army Agniveer accused of sexually assaulting a transgender woman on the promise of marriage.

The police had registered an offence against Ingle under Sections 75 (outraging the modesty of a woman) and 296 (obscenity) of the BNS, along with relevant provisions of the Transgender Persons (Protection of Rights) Act, 2019.

Accused Challenged Invocation Of BNS Provision

Ingle had challenged the invocation of Section 75, arguing that the complainant was a transgender person and not a woman. However, the court noted that the complainant identified herself as a woman and was undergoing hormonal treatment to bring about changes in her body in accordance with her gender identity.

Finding that the FIR contained direct allegations of assault and outraging her modesty, the judge held that the provision was prima facie attracted.

"The allegations of assault and outraging the modesty of a woman can be sustained even where the victim is a transgender person who identifies herself as a woman," Justice Pathan observed.

Court Examines Transgender Persons Act

The court also rejected Ingle's contention that Section 18(d) of the Transgender Persons Act, which deals with causing harm or endangering the physical and mental well-being of a transgender person, could not be invoked as the complainant did not possess an identity certificate at the time of the alleged offence.

Referring to Section 2(k) of the Act, the judge pointed out that the definition of a transgender person includes a transgender man or woman based on their gender identity. Section 5 provides for an application to the District Magistrate for obtaining an identity certificate.

The court noted that although the complainant received her transgender identity certificate on February 12, 2026, the alleged incidents took place on October 28 and 30, 2025.

However, the absence of such a certificate at the time of the alleged offence did not prevent the police from invoking the penal provisions of the Act, the judge said.

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High Court Rejects Discharge Application

Holding that the allegations in the FIR prima facie attracted the provisions invoked against Ingle, the court refused to discharge him from the case.

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