The Bombay High Court allows charges under Section 75 of the IPC if the complainant identifies herself as a woman

The judge said the FIR contains allegations against the complainant of outrage of modesty of the complainant, who identifies herself as a woman after hormone therapy. | Photo credit: The Hindu

The Bombay High Court refused to release Vishal Ingle, ruling that Section 75 of the Bharatiya Nyay Sanhita can apply if the complainant is transgender who identifies as a woman. Justice Mehroz Pathan issued the order on November 3.

The judge rejected the argument that section 75 did not apply because the applicant was transgender and not a woman. The judge said the complainant identified as female and had taken medication for hormonal changes.

The FIR contains allegations against the applicant of outraging the complainant’s modesty. The complainant identifies as female and has undergone hormone replacement therapy. The judge said the FIR contains allegations against the complainant of outrage of modesty of the complainant, who identifies herself as a woman after hormone therapy. The judge said that Section 75 appeared to be contrived.

The judge said charges of assault and outrage on a woman’s modesty can be brought if the victim is a transgender person who identifies as a woman.

Mr. Ingle served as Agniveer. The police registered an offense under Section 75 and Section 296 of the BNS and the Transgender Persons (Protection of Rights) Act of 2019.

The judge rejected the argument that Section 18(D) of the 2019 Act was not drawn up because the applicant did not have an identity card under the Act. The judge stated that § 2 letter k) shows that a person can identify as transgender even without an identity card. Section 5 provides the manner of applying to the District Magistrate for a certificate.

The complainant received an identity certificate on 12 February 2026. The challenge took place on 28 October 2025 and 30 October 2025. The judge said that the absence of a certificate at the time of the offense did not preclude the application of the 2019 Act. provisions.

The judge refused to release the defendant.

Published – 8 Nov 2026 11:10 AM IST