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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 BJP has selected Kishore Kumar Puttur as its candidate for the bypoll to Karnataka Legislative Council from Dakshina Kannada and Udupi Local Authorities’ Constituency. The by-election will be held on October 21.

Kishore Kumar is presently serving as the General Secretary of Dakshina Kannada BJP unit. He had served as vice president of State BJP Yuva Morcha from 2014 to 2016.

The by-election will be held to the seat vacated by Kota Srinivas Poojary of the BJP who has been elected as the Lok Sabha member from Udupi-Chikmagaluru Lok Sabha constituency. The vacancy was created on June 15, 2024 following Poojary’s resignation to the Council. His term in the council was till January, 2028.

In the last Council election held for the dual member constituency in December 2021, Poojary had secured 3,672 votes while the Congress candidate Manjunath Bhandary had secured 2079 votes. Poojary and Bhandary had secured required votes from the first preferential votes and had won the election.

There were several aspirants for the BJP ticket including former MP Nalin Kumar Kateel, DK BJP president Satish Kumpala, Mangaluru divisional in-charge Uday Kumar Shetty, former minister Pramod Madhwaraj and former Udupi district BJP president Kuilady Suresh Nayak.

The Congress is yet to announce its candidate for the election. KPCC working president Manjunath Bhandary in a recent press meet in Mangaluru had said that an opportunity will be given to congress leaders from Udupi district to contest by-election.

The Dakshina Kannada and Udupi Local Authorities’ Constituency has 6037 voters including 3551 from Dakshina Kannada comprising eight MLAs, one MP. The last date for filing nomination is October 3 and the last date for withdrawal of nomination is October 7. The counting will be held on October 24.

Mangaluru, Sep 20: The bye-election for the MLC seat, vacated by Kota Srinivas Poojary after his election as an MP, will take place on October 21. The election covers 6,037 voters from 392 local bodies across Dakshina Kannada and Udupi districts. Dakshina Kannada Deputy Commissioner and election officer Mullai Muhilan provided details at a press conference held at the DC office on Thursday.

Key Election Dates:

Nomination Period: September 26 to October 3
Verification of Nominations: October 4
Last Date for Withdrawal of Nominations: October 7
Election Day: October 21 (Polling from 8 AM to 4 PM)
Vote Counting: October 24

Code of Conduct:

The model code of conduct came into effect on September 19 and will remain in place until October 28 in both Dakshina Kannada and Udupi districts. During this period, government development projects cannot be announced, and foundation stone-laying ceremonies are prohibited. Political banners and hoardings are also banned. Government officials are restricted from participating in public programs or meetings. The Election Commission will oversee all political events, and the regulations that apply to MP and MLA elections will also govern this MLC bye-election.

Election Management:

Additional DCs of Dakshina Kannada and Udupi will assist as election officers. While no election-related check posts will be set up, flying squads and video surveillance teams will monitor compliance. Political party buntings and hoardings will be removed immediately.

Voter and Polling Information:

Dakshina Kannada and Udupi districts fall under the Dakshina Kannada local body authority. In this bye-election, eligible voters include members of gram panchayats, city corporations, city municipalities, town municipalities, town panchayats, as well as MLAs, MLCs, and MPs.

Dakshina Kannada: 3,551 voters, 234 polling booths
Udupi: 2,486 voters, 158 polling booths

Officials Present:

The press conference was attended by ZP CEO Dr. Anand, Additional DC Dr. Santhosh Kumar, Police Commissioner Anupam Agarwal, SP Yatheesh, MCC Commissioner Anand C L, and Assistant Commissioner Girish Nandan.

This election marks a significant political event for both districts, with voters from various local bodies participating in the process.