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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.

Narendra Modi-led government of India has abstained in the UN General Assembly on a resolution that demanded that Israel bring an end, “without delay”, to its unlawful presence in the Occupied Palestinian Territory within 12 months.

The 193-member General Assembly adopted the resolution, with 124 nations voting in favour, 14 against and 43 abstentions, including that by India.

Those abstaining included Australia, Canada, Germany, Italy, Nepal, Ukraine and the United Kingdom.

Israel and the US were among the nations who voted against the resolution titled ‘Advisory opinion of the International Court of Justice on the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of Israel’s continued presence in the Occupied Palestinian Territory’.

The resolution adopted Wednesday demanded that “Israel brings to an end without delay its unlawful presence in the Occupied Palestinian Territory, which constitutes a wrongful act of a continuing character entailing its international responsibility, and do so no later than 12 months from the adoption of the present resolution.” 

The Palestinian-drafted resolution also strongly deplored the continued and total disregard and breaches by the Government of Israel of its obligations under the Charter of the United Nations, international law and the relevant United Nations resolutions, and stressed that such breaches seriously threaten regional and international peace and security.

It recognised that Israel must be held to account for any violations of international law in the Occupied Palestinian Territory, including any violations of international humanitarian law and international human rights law, and that it “must bear the legal consequences of all its internationally wrongful acts, including by making reparation for the injury, including any damage, caused by such acts.”

The founder of Taiwan's Gold Apollo, Hsu Ching-Kuang denied that his company manufactured the pagers used in the explosions that occurred in Lebanon on Tuesday, resulting in at least nine fatalities and nearly 3,000 injuries.

The detonations were triggered simultaneously by pagers used by militant-group Hezbollah members across the country.

News agency Reuters reported that images of the destroyed pagers revealed a format and stickers on the back that were consistent with those produced by Gold Apollo.

A high-ranking Lebanese security official said that Hezbollah had placed an order for 5,000 pagers from the Taiwanese company.

Earlier, a New York Times (NYT) report said that pagers used by Hezbollah members that simultaneously exploded on Tuesday came from Taiwan, with Lebanon claiming that explosives packed in sometime before they arrived in Lebanon.

However, Hsu clarified that the pagers involved in the incident were manufactured by a European company called BAC, which had the right to use Gold Apollo's brand. "The product was not ours. It was only that it had our brand on it," he said, without disclosing the name of the European manufacturer. Hsu further said that Gold Apollo was also a victim in this situation.

"We are a responsible company. This is very embarrassing," Hsu said.

According to media reports, Hezbollah's fighters started using pagers believing they could avoid Israeli tracking of their locations.

Hezbollah blames Israel, vows 'punishment'

Hezbollah vowed revenge against Israel following accusations that the latter was responsible for detonating pagers throughout Lebanon.

Ziad Makary, the Lebanese information minister, denounced the detonation of the pagers, which are commonly used by Hezbollah and other groups in Lebanon for communication purposes. He labeled the incident as an "Israeli aggression". Meanwhile, Hezbollah declared that Israel would face "its fair punishment" for the explosions.