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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.

Mysuru: Chairman of JD(S) core committee and Chamundeshwari constituency MLA G T Devegowda on Thursday expressed his solidarity with Chief Minister Siddaramaiah saying the latter need not resign, while lambasting leaders of his own party and alliance partner BJP, including Union Minister H D Kumaraswamy.

In his speech during Mysuru Dasara inauguration he said that if persons against whom FIR is registered have to resign, many leaders from all the three parties, including Opposition Leader R Ashoka, will have to resign.

“All are sitting in glass houses... Since I know Siddaramaiah well, I am talking about him. At a time when mines and real estate are ruling politics, Siddaramaiah has survived in politics. He has never done any favour,” Devegowda said.

He added, “Allegations against Siddaramaiah are unexpected and accidental. If the Governor and Chief Justice order an investigation, it does not mean that he should resign."

He continued, asking, "Have they told Siddaramaiah to resign or have they asked to imprison him? When a person becomes a Central minister, he or she should realise their dignity and responsibility. Instead of recognising the good work done by Siddaramaiah, they ask him to resign. Will Kumarswamy (facing an FIR) resign? Should Siddaramaiah, who has become CM with a support of 135 MLAs, resign?"

"Opposition leaders are not remembering the good work of earlier CMs Kengal Hanumanthaiah, Veerendra Patil, Ramakrishna Hegde, H D Deve Gowda or S M Krishna. Karnataka is a model state. It is a bad trend to topple an elected government which is doing good work,” he further said.

Devegowda added, “Siddaramaiah is Goddess Chamundeshwari’s ‘Varaputra’ and hence has her blessings during tough times. He won the election in Chamundeshwari Assembly constituency, when the BJP-JD(S) government was in power in 2006. With the blessings of the Goddess, he has held varied positions right from becoming an MLA for the first time in 1983. He presented 15 budgets and has become CM for a second time. He took H C Mahadevappa, a Dalit leader to the state level. Siddaramaiah has the support of Deputy CM D K Shivakumar as ‘Jodeththu’. Blessings of the beneficiaries of guarantee schemes are with him (Siddaramaiah).” 

Siddaramaiah said, “Devegowda was a MUDA member. He knows the truth. Hence, he is saying this. His words have filled strength in me. ‘Satyameva Jayate’, Truth will always triumph.” 

Powerful blasts rocked Beirut overnight in some of the heaviest Israeli strikes on the capital of Lebanon so far as the Lebanese Health Ministry reports dozens killed and over 150 wounded in bombing attacks across the country in the past 24 hours.

Israel launched several waves of airstrikes on Beirut’s southern neighborhood of Dahiyeh on Thursday.

The regime used powerful bunker-buster bombs in its latest attacks, whose number was more than a dozen.

Several civilian buildings were the main goals of the regime’s latest strikes.

Reports indicate that more bombs were used in the latest attacks compared to the strike that killed the leader of the Hezbollah resistance movement, Sayyed Hassan Nasrallah, last Friday.

The attacks also hit the vicinity of Beirut International Airport.

Israel’s strikes also targeted several other locations, including Hezbollah’s media relations office and a warehouse near the Beirut airport.

A source close to Hezbollah said Israel had conducted 11 consecutive strikes in south Beirut on Thursday night.

AFP correspondents in the Lebanese capital heard loud bangs that made car alarms go off and buildings shake.

"Israel struck the southern suburbs 11 consecutive times," the source said on the condition of anonymity.

Giant balls of flame rose from the targeted site with thick smoke billowing and flares shooting out.

Lebanon's official National News Agency (NNA) said that "more than 10 consecutive strikes have been recorded so far, in one of the strongest raids on the southern suburbs of Beirut since the start of the Israeli war on Lebanon."

The strikes echoed to mountain regions outside Beirut, the NNA said.

Earlier Thursday, the Israeli army issued an “urgent warning” to the residents of the south Beirut area of Burj al-Barajneh to evacuate along with maps of the area.

“You are located near Hezbollah facilities and interests, against which the [Israeli army] will operate in the near future,” its official Arabic language spokesperson posted on X.

The death toll from Israeli aerial assaults across Lebanon since early October 2023 has passed the 1,700 mark with nearly 8,770 injured, according to Lebanese government data.

In response, Hezbollah has fired barrages of rockets and drones towards Israeli targets.

Hezbollah has been responding to the aggression with numerous retaliatory operations, including with hypersonic ballistic missiles, targeting the occupied Palestinian territories.

The Lebanese resistance movement has vowed to keep up its operations against Israel as long as the Israeli regime continues its Gaza war, which has so far killed more than 41,780 Palestinians, mostly women and children.

The qualitative strikes of Hezbollah have so far thwarted any hostile "Israeli" advance into Lebanese territory.

Hezbollah said in a statement that at least 17 Israeli troops have been killed since the regime launched its incursion into southern Lebanon.

Since dawn on Thursday, the Lebanese resistance fighters have been repelling every attempt by the Israeli elite forces to advance on multiple fronts in southern Lebanon, inflicting heavy losses in equipment and personnel.

A Lebanese political analyst recently praised Hezbollah’s operational capabilities, warning that Israeli forces will become "sitting ducks" for the Lebanese resistance group should they attempt a ground invasion of southern Lebanon.