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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.

New Delhi: The Supreme Court on Tuesday halted unauthorised bulldozer action against private property, anywhere in the country, till October 1, dismissing concerns by the government that demolitions sanctioned after following due process could be impacted. 

The "heavens won't fall if we ask you to hold your hands till the next hearing", a bench of Justice BR Gavai and KV Viswanathan declared.

An irate top court - which has already come down hard, twice this month, on 'bulldozer justice' meted out by various state governments - also warned the government against "grandstanding" and "glorification" of this practice. "No demolition, till next, date, without permission of this court," the government was told, and warned the Election Commission may also be put on notice.

The court's reference to the poll panel is significant given elections are due in Jammu and Kashmir (the first Assembly election in a decade) and Haryana, where the Bharatiya Janata Party is looking to return to power. Elections are also due this year in BJP-ruled Maharashtra and Jharkhand.

The court, however, also clarified its order is not applicable to removal of encroachments in public spaces such as roads, railway tracks, water bodies, etc.

New Delhi, Sept 17: Atishi will be the new Chief Minister of Delhi. The decision came after a legislative party meeting was chaired by Arvind Kejriwal at his Delhi residence earlier today.

Kejriwal is expected to tender his resignation later today, and will also meet Lieutenant Governor VK Saxena at 4.30 pm.

On September 13, Arvind Kejriwal was released from Tihar Jail, where he had been lodged for his alleged involvement in the Delhi liquor policy case. Nearly two days after his release, on Sunday, Kejriwal said he would resign as the Chief Minister within 48 hours.

He also sought early polls in Delhi, and vowed not to sit in the chief minister’s chair until people gave him a “certificate of honesty”.

On Monday, the AAP held a series of meetings as Kejriwal sought feedback from members of the political affairs committee, the party’s highest decision-making body, on his successor in one-on-one meetings at his official residence.

Names of Delhi ministers Atishi, Gopal Rai, Kailash Gahlot and Saurabh Bharadwaj were making the rounds as contenders, news agency PTI had quoted party insiders as saying and added that Kejriwal’s wife Sunita Kejriwal and Assembly Speaker Ram Niwas Goel were also the probables.

Mangolpuri MLA Rakhi Birla, who is also the deputy speaker in the assembly, and Kondli legislator Kuldeep Kumar were also potential candidates, they added.

Earlier, sources with the AAP had told PTI that the surprise candidate could also be a member of the minority community as the party has witnessed its support among the community wavering since the 2020 Delhi riots.