Supreme Court prevents police action against Sadhguru's Isha Foundation, transfers matter from Madras HC

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.

Bengaluru, Sep 28: The Special Investigation Team (SIT) probing charges against arrested Karnataka BJP MLA N. Munirathna Naidu, including allegations of rape, honey-trapping, and other offences, on Saturday conducted raids at his residence and 15 other locations across the city.

Sources confirmed that the raids were taking place at his Vyalikaval residence and other properties owned by the BJP MLA. The operation is being conducted by the SIT under the Criminal Investigation Department (CID) led by ACP Kavitha.

The team is examining documents, electronic devices, and other materials related to the rape and honey-trapping case. The SIT is being supported by experts from the Forensic Science Laboratory (FSL), with Superintendent of Police (SP) Sowmya Latha also participating in the search and inspection at Munirathna’s Vyalikaval residence.

According to sources, the raids were triggered by information provided by the victim, who alleged that Munirathna recorded footage of sexual assaults and used it to blackmail politicians and public servants, including IAS and IPS officers.

The victim reportedly revealed that she was used to entrap the woman who had lodged a rape case against a senior IFS officer. She was allegedly instructed to frame the rape victim in a drug peddling case.

The complainant told police that she was tasked with capturing compromising videos of the rape victim who had filed the case against the IFS officer. She claimed that, after several failed attempts to obtain the videos, the victim was drugged with sleeping pills, and obscene footage was recorded without her consent. Later, the IFS officer was bailed out from the charges.

Furthermore, the complainant has accused MLA Munirathna of raping her at his office within the state legislature, in his official vehicle, and at his godown. She has alleged that he recorded videos of these assaults.

Police sources also revealed that the victim in the MLA's case provided details of a plot involving sending HIV-infected women to Munirathna's targets in an attempt to ruin them politically and personally. She also disclosed the names of several politicians whom she had entrapped through honey-trapping.

The woman further claimed that Munirathna had threatened to have her son kidnapped and killed if she refused to comply with his demands. According to her, the MLA had a well-organised team dedicated to carrying out these honey-trapping operations, and she provided details about his close associates and relatives involved in the scheme.

Munirathna, who was in judicial custody following his arrest in the rape and honey-trap case, has now been taken into the custody of the SIT.

The MLA was transferred from Bengaluru Central Jail to the CID office on the night of September 24. The BJP legislator, however, has denied all the allegations, claiming they are false.

Karnataka Congress leader D.K. Suresh had alleged that Munirathna was trying to infect his adversaries with HIV and that the government should investigate the matter.

Hezbollah has launched a ballistic missile at Tel Aviv for the first time, triggering sirens in the city and elsewhere including Netanya, the Lebanese resistance group says. 

Warning sirens sounded in Israel’s economic capital Tel Aviv as a single surface-to-surface missile was intercepted by air defense systems after it was detected crossing from Lebanon, the Israeli military said.

There were no reports of damage or casualties and the military said there was no change to civil defense instructions for central Israel.

The Israeli military said that for the "first time ever" a missile fired by Hezbollah reached the Tel Aviv area. "It is the first time ever a Hezbollah missile reached Tel Aviv area."

Hezbollah and Israel have been exchanging deadly fire since early October last year, shortly after the regime launched a genocidal war against the Gaza Strip following a surprise operation by Hamas.

Earlier, Hezbollah targeted the Israeli Ilaniya military base at the northern side of the occupied territories with a salvo of Fadi-1 rockets. 

The base is reportedly affiliated with the 146th Reserve Division of the Israeli military, which is part of the Northern Command.

The group announced in a brief statement that the operation was carried out in defense of Lebanon and its people. 

Hezbollah also said it targeted a military base near Safad twice with salvos of rockets.

The group stated that it targeted “the Dado base near Safad – the headquarters of the Israeli military’s Northern Command – with a total of 90 rockets in defense of Lebanon and its people.”

Hezbollah said in a separate statement that it unleashed a squadron of attack drones on the headquarters of the Israeli army’s Special Naval Task Force at the Alit Base.

The group said the attack on the Alit base, south of the major port city of Haifa, targeted “the locations of [Israeli] officers and soldiers” and achieved direct hits.

The Lebanese resistance movement has vowed to keep up its retaliatory attacks as long as the Israeli regime continues its Gaza war, which has so far killed at least 41,467 Palestinians, mostly women and children.

Hezbollah officials have repeatedly said they do not want a war with Israel while stressing that they are prepared in case it occurs.

Two Israeli wars waged against Lebanon in 2000 and 2006 were met with strong resistance from Hezbollah, resulting in the retreat of the regime in both conflicts.