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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.

Jerusalem, Oct 28: Israel said on Sunday it was carrying out new air raids against civilians and Hezbollah targets in Lebanon, after assassinating resistance group’s leader Hassan Nasrallah.

Hezbollah confirmed on Saturday that its leader Nasrallah was assassinated in an Israeli strike a day earlier on Beirut’s southern suburbs, dealing a massive blow to the group he had led for decades.

Lebanon has declared three days of mourning for Hassan Nasrallah.

The development marks a sharp escalation in nearly a year of tit-for-tat cross-border fire between Hezbollah and Israel, and risks plunging the whole region into a wider war.

Israel continued to pound Lebanon on Sunday, with the ruthless military confirming it attacked dozens of targets in the territory of Lebanon in the last few hours.

The military has attacked hundreds of Hezbollah targets throughout Lebanon since Saturday, it said, as it seeks to disable the group’s military operations and infrastructure.

Israel has raised the prospect of a ground operation against Hezbollah, prompting widespread international concern.

Leader of the Islamic Revolution Ayatollah Seyyed Ali Khamenei has hailed “the brilliant work of our armed forces” in launching a missile strike on the Tel Aviv area, saying it was “completely legal and legitimate”.

Ayatollah Khamenei delivered a public sermon at the weekly Friday (Jum’a) prayer to a huge number of worshipers gathered at the Imam Khomeini Grand Mosalla mosque in central Tehran.

“The brilliant work of our armed forces was completely legal and legitimate. What our armed forces did was the least punishment for the usurping Zionist regime over the astonishing crimes of this wolf-like regime and rabid dog of America," he said.

Ayatollah Khamenei, “Whatever duty the Islamic Republic has in this regard, it will fulfill with strength and fortitude. We will neither delay nor hurry in carrying out the task."

“What is logical and reasonable and the opinion of the political and military decision makers will be done in the future if necessary just like it was done” on Tuesday, he added.

The prayer in Tehran followed a commemoration ceremony for Hezbollah leader Sayyed Hassan Nasrallah who was assassinated in an Israeli airstrike in Beirut. Ayatollah Khamenei last led Friday prayers in January 2020 after Iran fired missiles at a US army base in Iraq, in response to a strike that martyred anti-terror commander Brigadier General Qassem Soleimani.

Ayatollah Khamenei described Nasrallah "my brother, my dear and my pride, the beloved face of the Islamic world, and the eloquent voice of the nations of the region, [and] the shining jewel of Lebanon".

“I felt it necessary to pay tribute to Mr. Sayyed Hassan Nasrallah (May God bless him and grant him peace) in the Friday prayer in Tehran, and to convey some notifications to everyone,” the Leader said.

“The audience of this sermon is the whole Islamic world, but it is specially addressed to the dear nation of Lebanon and Palestine.

“We are all saddened and mournful for the martyrdom of Dear Sayyed. This is a great loss and we are deeply saddened, but our mourning does not mean depression, distress and despair.

“It is a kind of mourning for the Master of Martyrs Hussein ibn Ali. It is enlivening, instructive, motivating, and hopeful,” the Leader said, referring to Imam Hussein (AS), the third Imam of Shia Muslims.

Ayatollah Khamenei said though Nasrallah's body has left this world, “his true personality, his soul, his way, and his expressive voice are still among us and will be with us forever”.

“He was the high flag of resistance against oppressive and predatory demons - an eloquent voice and a brave defender of the oppressed. He was a source of encouragement and valor for fighters and rights seekers. His popularity and influence had gone beyond Lebanon, Iran and Arab countries, and now his martyrdom will increase this influence.”

Ayatollah Khamenei said all Muslims are bound to “pay their debt to the wounded and bloody Lebanon”.

“Hezbollah and the Martyr Sayyed, by defending Gaza and Jihad for Al-Aqsa Mosque and striking the usurping and tyrannical regime, took a step in the path of vital service to the entire region and the entire Islamic world,” the Leader said.

The relentless defense of the Lebanese people for the Palestinians, he said, is “legal, reasonable, logical and legitimate, and no one has the right to criticize them for entering this battle”.

By the same token, the Al-Aqsa Storm operation of Palestinian fighters inside the Israeli occupied territories in October 2023 was “right and internationally legal”, he added.

“The Palestinian nation has the right to stand against the aggressors, and no court has the right to protest to the Palestinian nation for standing against the usurping enemy of Palestine.”

Ayatollah Khamenei said the adamance of the US and its allies on protecting Israel is a “cover for the deadly policy of turning the usurping regime into their tool to take over all the resources of this region and use it in major global conflicts”.

“Their policy is to turn the regime into a gateway for the export of energy from the region to the Western world and the import of goods and technology from the West to the region.

“This tells us that every attack on the regime by anyone and every group is a service to the entire region and to the entire humanity.

“This Zionist and American dream is definitely a false and impossible fantasy. The regime is the evil tree uprooted from the earth, which according to divine truth has no abode,” he added.

The Zionist regime, the Leader said, has kept itself afloat simply by being injected American support, adding the situation will not last long.

“Today, the Zionist criminal gang itself has come to the conclusion that they will never win over Hamas and Hezbollah."

The Leader called on Muslims to unite against the world’s arrogant powers and transgressors who are still following their policy of divide and conquer with all kinds of tricks in the Islamic states.

“The policy of the Qur'an is that Muslim nations and groups should have solidarity, and if you have this solidarity, divine wisdom will support you and you will overcome all obstacles and win over all enemies."

The Leader said the time has come for the Islamic Ummah to overcome the plots of the enemies.

"The enemy of the Iranian nation is the same enemy of the Palestinian nation, the Lebanese nation, the Iraqi nation, the Egyptian nation, the Syrian nation and the Yemeni nation. The enemy is one.”