Karnataka: New pension scheme implemented for teaching, non-teaching staff in Medical Education Department

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 founder of Taiwan's Gold Apollo, Hsu Ching-Kuang denied that his company manufactured the pagers used in the explosions that occurred in Lebanon on Tuesday, resulting in at least nine fatalities and nearly 3,000 injuries.

The detonations were triggered simultaneously by pagers used by militant-group Hezbollah members across the country.

News agency Reuters reported that images of the destroyed pagers revealed a format and stickers on the back that were consistent with those produced by Gold Apollo.

A high-ranking Lebanese security official said that Hezbollah had placed an order for 5,000 pagers from the Taiwanese company.

Earlier, a New York Times (NYT) report said that pagers used by Hezbollah members that simultaneously exploded on Tuesday came from Taiwan, with Lebanon claiming that explosives packed in sometime before they arrived in Lebanon.

However, Hsu clarified that the pagers involved in the incident were manufactured by a European company called BAC, which had the right to use Gold Apollo's brand. "The product was not ours. It was only that it had our brand on it," he said, without disclosing the name of the European manufacturer. Hsu further said that Gold Apollo was also a victim in this situation.

"We are a responsible company. This is very embarrassing," Hsu said.

According to media reports, Hezbollah's fighters started using pagers believing they could avoid Israeli tracking of their locations.

Hezbollah blames Israel, vows 'punishment'

Hezbollah vowed revenge against Israel following accusations that the latter was responsible for detonating pagers throughout Lebanon.

Ziad Makary, the Lebanese information minister, denounced the detonation of the pagers, which are commonly used by Hezbollah and other groups in Lebanon for communication purposes. He labeled the incident as an "Israeli aggression". Meanwhile, Hezbollah declared that Israel would face "its fair punishment" for the explosions.

Kalaburagi: Karnataka Home Minister G Parameshwara on Tuesday said that alleged role of "outsiders" belonging to the banned Popular Front of India (PFI) in the violence at Nagamangala will be examined and action taken based on the probe report.

Clashes broke out between two groups during a Ganesh idol procession in the town in Mandya district following which mobs went on a rampage targeting several shops and vehicles leading to tension on September 11 night.

"Everything will be examined, investigation will be done, on getting the report we will decide. We will not protect anyone, and unnecessarily no one will be punished. We will look into the facts based on the inquiry report and take action accordingly," Parameshwara told reporters here.

He noted that two officials -- Deputy Superintendent of Police and Inspector -- have already been suspended, and added that further action will be taken based on the report.

The Minister said the government has taken the Nagamangala violence seriously and there is no question of taking such incidents lightly. "BJP makes such allegations, but we too have responsibility, we don't take anything lightly."

On allegations that "outsiders" were involved in the violence, Parameshwara said if inquiry reveals complicity of such elements, it would be examined and action taken accordingly.

Regarding claims that those belonging to the banned PFI were involved, he said: "It will be known from the probe."

On demand for a National Investigation Agency (NIA) probe into Nagamangala violence by BJP which alleged "failure" of state's home department, Parameshwara said: "they keep saying such things, we will not listen to all that."

According to police, an argument had broken out between two groups, when the procession by devotees from Badri Koppalu village reached a place of worship on September 11, and some miscreants hurled stones, which escalated the situation.

Following the clashes between the two groups, a few shops were vandalised and goods torched and vehicles set on fire, they added.

To allegations from some BJP leaders that the party MLA Munirathna was arrested "hurriedly", Parameshwara said, police acted after the complaint was given, "what's wrong in that?"

Munirathna, who represents Rajarajeshwari Nagar Assembly segment here, was picked up from Nangli village in Kolar’s Mulbagal on Saturday evening on charges of harassing a Bruhat Bengaluru Mahanagara Palike (BBMP) contractor for bribe, casteist slurs on a former corporator, and also cheating, criminal intimidation and insulting a woman’s modesty.

Asked about "illegal items" seized from the prison here recently by officials, he said an investigation has begun on this.

When a photo of actor Darshan Thoogudeepa, who was lodged in Parappana Agrahara Prison here, hanging out with other inmates surfaced recently, action was taken based on the probe report and eleven officials were suspended.

"I will look into recent seizures made too and action will be taken; also probe is on at other prisons in the state and action will follow if anything wrong is found," the Minister added.

Police raided the high-security wing of Parappana Agrahara Central Prison here on Saturday and seized smartphones and other illegal goods.