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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.

The Lebanese Hezbollah resistance movement has confirmed the assassination of its secretary general Sayyed Hassan Nasrallah in massive Israeli airstrikes targeting residential buildings in southern Beirut on Friday.

“His Eminence, the Master of Resistance, the righteous servant, has joined his Lord and His pleasure as a great martyr — an outstanding, courageous, wise, and insightful leader — joining the ranks of the radiant martyrs of Karbala in the divine journey of faith, following in the footsteps of the prophets and martyr imams,” Hezbollah said in a statement on Saturday afternoon.

“The leadership of Hezbollah vows to the highest, most sacred, and dearest martyr in our journey, filled with sacrifices and martyrs, to continue its struggle against the enemy, supporting Gaza and Palestine, and defending Lebanon and its steadfast, honorable people,” it added.

Since Friday afternoon, Israeli warplanes have conducted over 30 airstrikes, targeting residential buildings in Burj al-Barajneh, Kafaat, Choueifat, Hadath, al-Laylaki, and Mreijeh, with local media reporting upwards of 300 casualties as a result of the aggression.

Footage broadcast by al-Manar television channel from the crowded area of Beirut’s Dahiyeh shows flattened buildings, streets filled with rubble and clouds of smoke and dust above the area.

Martyrs’ Square, Beirut’s central public area, was crowded with exhausted and anxious families sheltering outdoors.

The recent attacks are part of the Israeli regime’s intensified assault on Lebanon, which has become more deadly this week, resulting in over 700 deaths nationwide since Monday.

The new attacks came less than a week after the Tel Aviv regime killed 38 people, including three children and seven women as well as senior Hezbollah commander Ibrahim Aqil in an attack on a residential building in a southern Beirut suburb.

Earlier on Saturday, Leader of the Islamic Revolution Ayatollah Seyed Ali Khamenei said the brutal attacks by the “rabid Zionist dog” on Lebanon revealed the shortsightedness and foolish policies of Israeli officials, calling on all Muslims to unite behind Lebanese people and Hezbollah.

“The Zionist criminals need to know that they are far too weak to be able to inflict any significant damage on the solid structure of Lebanon’s Hezbollah. All the resistance forces in the region stand with and support Hezbollah,” the Leader said in a statement on Saturday.

“The Lebanese have not forgotten that there was a time when the soldiers of the occupying regime were advancing toward Beirut, and Hezbollah stopped them, and made Lebanon proud. Today too, by the grace and power of God, Lebanon will make the transgressing, malicious enemy regret its actions,” Ayatollah Khamenei noted. 

A new wave of Israeli airstrikes have reportedly hit the Dahiyeh area in the south of Lebanon’s capital Beirut, which had come under deadly aerial attacks by the regime just hours earlier.

The strikes targeted several buildings in the al-Hadath and Laylaki neighborhoods in the area on Saturday.

Shortly afterwards, reports pointed to “a third wave of strikes” on al-Hadath as well as strikes against Choueifat, another southern Beirut suburb, with subsequent accounts putting the total number of the attacks at more than 30.

The Israeli military claimed that it was conducting strikes targeting “weapons belonging to Hezbollah…that were stored beneath civilian buildings” in southern Beirut.

Hezbollah's Media Relations’ Office, however, asserted, “The enemy's claims about the presence of weapons or weapons depots in the civilian buildings targeted by the bombing in the southern suburb are false.”

Simultaneous Israeli airstrikes targeted areas near the city of Tyre in southern Lebanon, including al-Bass, Burj al-Shamali, and al-Maashouq.

Also on Saturday, the United Nations humanitarian coordinator in Lebanon warned that the country was facing bloodshed not seen in decades, and that the crisis could deteriorate even further.

"The recent escalations in Lebanon are nothing short of catastrophic,” Imran Riza said. “We are witnessing the deadliest period in Lebanon in a generation, and many express their fear that this is just the beginning.”

On Friday, Israeli warplanes struck at least six residential structures in Dahiyeh's Haret Hreik neighborhood, killing at least eight people and wounding some 80 others.

The attacks came as part of the regime’s escalation against Lebanon that has been targeting the country since October 7, when Tel Aviv launched a genocidal war on the Gaza Strip.

The escalation has taken a deadlier turn since Monday, claiming the lives of more than 700 people across the country.

Hezbollah has been responding to the aggression with numerous retaliatory operations targeting the occupied Palestinian territories.