The Nagpur Bench of the Bombay High Court has ruled that a transgender person who identifies as a woman can also invoke legal provisions meant to protect a woman's modesty under the Bharatiya Nyaya Sanhita (BNS) [Vishal Sunil Ingle v. State of Maharashtra].

Justice Mehroz K Pathan on November 3, 2026 dismissed a criminal revision application filed by the accused, Vishal Sunil Ingle. He had challenged the rejection of his discharge application.

“The perusal of the FIR would show that the complainant/victim has identified herself to be a woman and the aforesaid self determination cannot be questioned at least at the present stage while accused is seeking discharge,” the judge said. 

He concluded that “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.”

The accused, an Agniveer in the Indian Army, faced charges under Section 75 of the Bharatiya Nyaya Sanhita (BNS) and Section 18(D) of the Transgender Persons (Protection of Rights) Act, 2019. 

The complainant alleged that the applicant committed sexual assault under a false promise of marriage in October 2025. 

The defense counsel argued that Section 75 of the BNS strictly applies to a ‘woman’ defined as a female human being and, therefore, cannot apply to a transgender victim. The defense also highlighted that the victim received a formal transgender identity certificate only after the alleged incidents took place.

The Bench dismissed these arguments and emphasised on the legal right to self-perceived gender identity. Justice Pathan also held that the delay in obtaining a formal certificate does not preclude penal provisions and directed the case to proceed to trial.

Advocate Anil Thakkar appeared for Ingle.

Additional public prosecutor Swati V Kolhe appeared for State.

[Read order]