Modesty Charge Sustainable for Transgender Victim

Source: Bombay High Court

Why in News? 

Justice Mehroz Pathan of the Bombay High Court decided Vishal Ingle v. State of Maharashtra (2026) and refused to discharge the accused. He was charged with sexually assaulting a transgender woman on a promise of marriage. 

The Court held that the offence under Section 75 BNS is made out prima facie when the victim is a transgender person who identifies as a woman. It also held that the penal provisions of the Transgender Persons (Protection of Rights) Act, 2019 apply even if the victim had no certificate of identity when the offence was committed.

What was the Background of Vishal Ingle v. State of Maharashtra (2026) Case? 

• The applicant, Vishal Ingle, is 24 years old and lives in Ruikhed, Taluka Akot, District Akola. He served in the Indian Army as an Agniveer. 
• The complainant is a transgender person who identifies as a woman. She has been taking hormone medication as part of her gender identity. 
• She alleged that the applicant sexually assaulted her on 28th October 2025 and 30th October 2025 after promising to marry her. 
• Police Station Akot (Rural) registered an FIR against the applicant under:  
  • Section 75 of the BNS (outraging the modesty of a woman, as characterised in the proceedings), 
  • Section 296 of the BNS (obscene acts), and 
  • the relevant provisions of the Transgender Persons (Protection of Rights) Act, 2019, including Section 18(d). 
• The complainant received her transgender certificate of identity on 12th February 2026, after the alleged incidents. 
• The applicant applied for discharge on two grounds:  
  • Section 75 BNS could not apply because the victim was a transgender person, not a woman. 
  • Section 18(d) of the Transgender Act could not apply because the victim did not have the mandatory certificate of identity when the alleged offence took place. 

Questions before the High Court: 

• Can an offence against a woman under Section 75 BNS be made out when the victim is a transgender person who identifies as a woman? 
• Does the lack of a certificate of identity at the time of the offence stop the penal provisions of the Transgender Persons (Protection of Rights) Act, 2019 from applying?

What were the Court’s Observations? 

On the applicability of Section 75 BNS to a transgender woman: 

• The Court noted that the complainant identifies as a woman and has allegedly had hormone treatment in line with that identity. 
• The FIR contains direct allegations that the applicant outraged the modesty of the complainant. 
• On that basis, the Court found that an offence under Section 75 BNS was made out prima facie. 
• The Court held that allegations of assault and of outraging the modesty of a woman can be sustained even where the victim is a transgender person who identifies as a woman. 

On the requirement of a certificate of identity: 

• The Court rejected the argument that Section 18(d) of the Transgender Act did not apply because the victim had no certificate of identity. 
• It relied on Section 2(k) of the Act. Under that provision, a person may identify as a transgender person, including as a transgender man or a transgender woman, even without a certificate of identity. 
• The Court said Section 5 of the Act is only an enabling mechanism. It lets a person apply to the District Magistrate for a certificate of identity. 
• The certificate was issued on 12th February 2026, and the alleged assaults took place on 28th and 30th October 2025. The Court held that not having a certificate under Section 6 at the time of the offence does not, by itself, stop the Act’s penal provisions from being invoked. 
• After reading the FIR, the Court held that Section 18(d) had been rightly invoked and that the allegations prima facie attract the provisions charged against the applicant. 

Decision: 

• The discharge application was rejected. 
• The applicant will face trial for the offences charged. 

What is Section 75 of the Bharatiya Nyaya Sanhita, 2023? 

About: 

• Section 75 of the BNS deals with sexual harassment. It corresponds to Section 354A of the Indian Penal Code, 1860. 
• It falls under Chapter V of the BNS, “Of Offences Against Woman and Child”. 

Section 75(1): A man committing any of the following acts is guilty of sexual harassment: 

• (i) physical contact and advances involving unwelcome and explicit sexual overtures, 
• (ii) a demand or request for sexual favours, 
• (iii) showing pornography against the will of a woman, 
• (iv) making sexually coloured remarks. 

Punishment: 

• Section 75(2): For the acts in clauses (i), (ii) or (iii): rigorous imprisonment up to three years, or fine, or both. 
• Section 75(3): For the act in clause (iv): imprisonment of either description up to one year, or fine, or both. 

Related provision: Assault or criminal force to a woman with intent to outrage her modesty is punishable under Section 74 BNS, which corresponds to Section 354 IPC. 

What is Section 296 of the Bharatiya Nyaya Sanhita, 2023? 

• Section 296 of the BNS punishes obscene acts and songs. It corresponds to Section 294 of the IPC. 
• It applies to anyone who, to the annoyance of others:  
  • (a) does any obscene act in a public place, or 
  • (b) sings, recites or utters any obscene song, ballad or words in or near a public place. 
• Punishment: Imprisonment of either description up to three months, or fine up to one thousand rupees, or both. 

What is the Transgender Persons (Protection of Rights) Act, 2019? 

About: 

• The Act gives recognition to the identity of transgender persons and prohibits discrimination against them in education, employment, healthcare, property and other areas. 
• It followed the Supreme Court’s landmark judgment in National Legal Services Authority (NALSA) v. Union of India (2014), which recognised the right of transgender persons to self-identify their gender. 

Key Provisions: 

• Section 2(k) – Definition of “Transgender Person”: A person whose gender does not match the gender assigned at birth. It includes:  
  • trans-men and trans-women, whether or not they have undergone sex reassignment surgery, hormone therapy, laser therapy or any other therapy, 
  • persons with intersex variations, 
  • genderqueer persons, and 
  • persons with socio-cultural identities such as kinner, hijra, aravani and jogta.