After UNGA setback, Pakistan PM Imran Khan removes UN official

New Delhi: Downloading and watching child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court ruled today in a landmark judgment on the stringent law to prevent child abuse.

The bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala set aside the Madras High Court order that had ruled that merely downloading and watching child pornography was not an offence under the POCSO Act. The Supreme Court noted that the high court had committed an "egregious error" in passing the judgment.

The Madras High Court's order had come in a case in which a 28-year-old man was charged with downloading child pornography on his phone. The court had quashed the criminal proceedings against the man and said children these days are grappling with the serious issue of watching pornography and society must be mature enough to educate them instead of punishing them.

The Supreme Court today restored the criminal proceedings against the man.

At the outset, Justice Pardiwala thanked the Chief Justice for the opportunity to pen this judgment. The order focused on Section 15 of the POCSO Act which lays down punishment for the storage of pornographic material involving children.

"Any person who stores any pornographic material involving a child and fails to report or destroy it is punishable with a fine of not less than five thousand rupees., and repeat offence will be punishable with fine of not less than ten thousand rupees. If the material is stored for further transmitting or propagating, then along with fine, it is punishable with upto three years of imprisonment. For storing child pornographic material for commercial purpose is punishable with three to five years of imprisonment, and in subsequent conviction, upto seven years of imprisonment," the Section says.

Justice Pardiwala said that in this case, mens rea is to be gathered from actus rea -- mens rea refers to the intent behind the crime and actus rea is the actual criminal act.

"We have said on the lingering impact of child pornography on the victimisation and abuse of children... We have suggested to the Parliament to bring an amendment to POCSO... so that child pornography can be referred to as child sexually abusive and exploitative material. We have suggested an ordinance can be brought in. We have asked all courts not to refer to child pornography in any order," the bench said.

The Chief Justice called it a "landmark judgment" and thanked Justice Pardiwala.

Ramanagara, Sep 19: A case of rape, sexual harassment and criminal intimidation has been registered against BJP MLA Munirathna and six others, police said on Thursday.

It was registered following the complaint of a 40-year-old woman who alleged that the incident took place at a private resort within the Kaggalipura police station’s jurisdiction.

“We received a complaint on Wednesday night and based on it, we have registered case against seven people, including the BJP MLA under various sections for rape by public servant, sexual harassment, criminal intimidation, criminal conspiracy, voyeurism, intentional insult with intent to provoke breach of peace, Information Technology Act, and others,” a senior police officer said.

The matter is being investigated, he said.

The fresh FIR against the BJP MLA, also a former Minister, comes days after he was arrested by the Bengaluru Police in connection with the two cases filed against him for alleged harassment, threats and casteist abuse, police said.

Mangaluru: In an act of extraordinary selflessness, a young lecturer and mother, Archana Kamath, tragically passed away just days after donating a portion of her liver to a relative. She was 33.

Archana, who had devoted her career to shaping young minds as a lecturer at Canara College and most recently at Manel Srinivasa Nayak MBA College, was a loving mother to a four-year-old boy. Her sudden passing has left her family, students, and colleagues reeling in shock and grief.

The story of her untimely demise began when a relative of her husband, CA Chethan Kumar, required a life-saving liver transplant. 

With no other matching donors in sight, Archana stepped forward, her heart full of compassion. Her blood type matched, and without hesitation, she made the brave decision to donate a part of her liver—an act that would ultimately cost her life.

The surgery, performed 12 days ago in Bengaluru, seemed successful. Archana appeared to recover well and was discharged, bringing hope and relief to her loved ones. 

But just days after returning home, she suddenly fell ill and passed away on September 15 in a Mangaluru hospital. The cause of her sudden decline remains a mystery, compounding the sorrow of those who knew and loved her.

Her final act of love saved a life—the relative who received her liver is said to be recovering well. But Archana’s loss is felt deeply by her husband and their young son, who are now left to navigate a world without her warmth and strength.

As family and friends grapple with this tragic turn of events, Archana’s memory will live on in the hearts of those who knew her as a caring educator, devoted mother, and a woman whose ultimate sacrifice was made out of love.

The full story of her passing is still unfolding, and her untimely death has left an irreplaceable void in the lives of all who knew her.