Politics · India · 12 hrs ago
Bombay High Court allows BNS charge involving transgender woman
The Bombay High Court refused to discharge Vishal Ingle, who faces charges over alleged assaults on October 28 and 30, 2025.
The complainant identifies as a woman and is transgender, and has undergone hormone treatment.
Ingle argued that Section 75 of the Bharatiya Nyay Sanhita could not apply because the complainant is transgender.
Justice Mehroz Pathan held that Section 75 can apply when a transgender complainant identifies as a woman.
The court also found that the lack of an identity certificate at the time did not prevent a charge under the Transgender Persons (Protection of Rights) Act; the complainant later received a certificate.
The ruling allows the charges to proceed, but does not determine whether Ingle is guilty.
The Bombay High Court refused to discharge Vishal Ingle and held that a charge under Section 75 of the Bharatiya Nyay Sanhita can apply when a transgender complainant identifies as a woman.
Justice Mehroz Pathan rejected the argument that the provision could not apply because the complainant is transgender.
The court said allegations of assault and outraging the modesty of a woman can be sustained when the victim is a transgender person who identifies as a woman.
The alleged assault took place on October 28 and October 30, 2025.
The court also held that the absence of an identity certificate at the time of the alleged offence did not bar use of the Transgender Persons (Protection of Rights) Act, 2019.
- Who
- The Bombay High Court and Vishal Ingle, the applicant. The complainant is a transgender person who identifies as a woman.
- What
- The court refused to discharge Ingle and held that the Section 75 charge can apply.
- When
- The order was passed on November 3, 2026.
- Where
- Bombay High Court.
- Why
- The court said the complainant identifies as a woman and that the FIR contains allegations of assault and outraging her modesty.
Vishal Ingle
Bombay High Court
Section 75 applicability
Vishal Ingle
Ingle argued that Section 75 could not apply because the complainant is transgender and not a woman.
Bombay High Court
The court held the charge could apply because the complainant identifies as a woman.
Identity certificate
Vishal Ingle
Ingle argued that Section 18(D) of the 2019 Act was not made out because the complainant lacked an identity certificate.
Bombay High Court
The court said a certificate was not required to identify as transgender and its absence at the time did not bar use of the Act.
The alleged assault took place on these dates.
The complainant received a certificate of identity.
Justice Mehroz Pathan passed the order refusing to discharge Ingle.
- Applicant
- Vishal Ingle
- Judge
- Justice Mehroz Pathan
- BNS provision
- Section 75
- Alleged assault dates
- October 28 and October 30, 2025
- Identity certificate
- Issued to the complainant on February 12, 2026
- Additional law cited
- Transgender Persons (Protection of Rights) Act, 2019