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Allahabad HC Declares Trans Woman Not Covered by Section 69 of BNS
✍️ Hindustan Times
🗓 18 Oct 2026, 08:48 AM
👁 32
In a landmark decision, the Allahabad High Court ruled that a transgender woman who has undergone sex‑reassignment surgery does not fall under the definition of "woman" in Section 69 of the Bharatiya Nyaya Sanhita, which criminalises deceitful sexual intercourse with a woman.
The Allahabad High Court, in a recent judgment, clarified that a transgender woman who has undergone sex‑reassignment surgery is not encompassed by the statutory definition of "woman" in Section 69 of the Bharatiya Nyaya Sanhita (BNS). Section 69 criminalises sexual intercourse with a woman through deceit or a false promise of marriage when the act does not amount to rape.
The court held that the language of the statute refers to a biological woman and that a trans woman who has had gender‑affirming surgery does not meet that criterion. The ruling is expected to influence future cases involving transgender individuals and the interpretation of sexual offence laws.
Legal experts note that the decision may prompt a review of the BNS provisions to ensure they align with contemporary understandings of gender identity. The judgment is part of a broader judicial trend addressing the rights and legal status of transgender persons in India.
The court held that the language of the statute refers to a biological woman and that a trans woman who has had gender‑affirming surgery does not meet that criterion. The ruling is expected to influence future cases involving transgender individuals and the interpretation of sexual offence laws.
Legal experts note that the decision may prompt a review of the BNS provisions to ensure they align with contemporary understandings of gender identity. The judgment is part of a broader judicial trend addressing the rights and legal status of transgender persons in India.