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In a landmark judgement, the <keyword id="19900742" type="General" weightage="20" keywordseo="Supreme-Court-of-India" source="keywords" meta.keywordsubtype="org" meta.entityname="Supreme Court of India" meta.hostid="261" meta.entityid="Supreme Court of India">Supreme Court of India</keyword> has broadened the definition of crimes under the Protection of Children from Sexual Offences (POCSO) Act. The court ruled that simply viewing <keyword id="20456028" type="General" weightage="100" keywordseo="child-pornography" source="keywords">child pornography</keyword> on the internet, without physically possessing or storing the material, is now a criminal offence under Section 15 of the <keyword id="19920672" type="General" weightage="20" keywordseo="POCSO-Act" source="keywords">POCSO Act</keyword> and provisions of the <keyword id="19930099" type="General" weightage="20" keywordseo="information-technology" source="keywords">Information Technology</keyword> (IT) Act. This ruling significantly expands the scope of the law to address the evolving challenges posed by digital platforms. <h2>A wider net</h2>In its ruling, a bench comprising Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala stated, "Any act of viewing, distributing, or displaying child pornographic material by a person over the internet without any actual or physical possession or storage of such material in any device or in any form or manner would also amount to 'possession' in terms of Section 15 of POCSO Act." This interpretation effectively settled conflicting verdicts from various high courts, notably overturning a Madras High Court decision that had quashed a POCSO case against an individual who had viewed child pornography but had not circulated it. The Supreme Court, in agreeing with senior advocate H.S. Phoolka's arguments, deemed the earlier judgement "egregiously erroneous." <h2>Crimes categorised</h2>In a further clarification, the Supreme Court divided crimes related to child pornography under Section 15 of the POCSO Act into three distinct categories. The decision emphasised that law enforcement and courts must carefully assess each case to determine the specific category under which an offence falls. One critical insight from the judgement is that an offender cannot escape prosecution by simply deleting illegal content before an FIR is registered. The bench declared, "We clarify that there is no requirement under Section 15 of POCSO Act that ‘storage’ or ‘possession’ must continue to exist at the time of initiation of the criminal proceeding, and no such requirement can be read into the said provision." <div type="Article" hostid="261" msid="113417654" title="“Learned no lessons from Nirbhaya case”: Madhya Pradesh High Court criticises lenient treatment of crime-accused juvies in India" mstype="2" mssubtype="0"></div>This means that even if an individual deletes the material before the authorities take action, they may still face <keyword id="20554971" type="General" weightage="20" keywordseo="legal-consequences" source="keywords">legal consequences</keyword> based on the mere act of viewing or temporary possession. <h2><keyword id="23293250" type="General" weightage="20" keywordseo="automatic-downloads" source="keywords">Automatic downloads</keyword></h2>Acknowledging the complexities of <keyword id="20573374" type="General" weightage="20" keywordseo="digital-media" source="keywords">digital media</keyword>, the Supreme Court recognised that certain child pornographic content might be automatically downloaded onto devices without the user’s knowledge. To address this, the court created a safeguard for those unaware of the offensive material stored on their devices. If a person discovers such material on their device through automatic downloads, they will not be prosecuted if they take immediate steps to delete it and report it to the authorities. However, the onus is on the device owner to act swiftly. Failure to delete or report the offensive material after becoming aware of it would constitute an offence under the law. To avoid the automatic downloading of problematic material, there are several proactive measures you can take. First, adjust your browser settings to disable automatic downloads and pop-ups, ensuring you have to approve any file before it is downloaded to your device. Regularly update your web browser and security software to benefit from the latest protections against malicious websites. <div type="Article" hostid="261" msid="113146443" title="Karnataka HC rejects school teacher&amp;#39;s plea to quash POCSO case over filming of girl students" mstype="2" mssubtype="0"></div>Additionally, be cautious about the sites you visit, particularly those that seem suspicious or unfamiliar; stick to well-known, reputable sources. Additionally, consider using ad blockers or content filters that can prevent potentially harmful content from loading. Always be mindful of any unsolicited links in emails or messages, as these can lead to automatic downloads of unwanted material. Lastly, routinely monitor your device for any unfamiliar files and promptly delete anything that looks suspicious to minimise your risk of unknowingly storing problematic content. <h2>What this means for the future</h2>This judgement sends a clear message: India is taking a zero-tolerance approach toward child pornography in all its forms, whether stored, distributed, or merely viewed. The ruling adapts the legal framework to modern challenges, ensuring that perpetrators can no longer hide behind technicalities such as the absence of physical possession. The Supreme Court’s interpretation also places a burden on individuals to exercise responsibility in the digital world. Anyone who stumbles upon child pornography, whether intentionally or accidentally, must take swift action to avoid legal consequences. (With inputs from agencies)

You can now be prosecuted for unknowingly “auto-downloading” child porn. Here’re some safe browsing habits

The <keyword id="19946148" type="General" weightage="20" keywordseo="Karnataka-High-Court" source="keywords">Karnataka High Court</keyword> recently dismissed an appeal filed by a woman seeking Rs 6 lakhs in monthly <keyword id="20538992" type="General" weightage="20" keywordseo="alimony" source="keywords">alimony</keyword>, citing the lack of reasonable justification for the requested amount. <keyword id="22894144" type="General" weightage="20" keywordseo="Justice-Lalitha-Kanneganti" source="keywords">Justice Lalitha Kanneganti</keyword>, presiding over the case, found the petitioner's claim to be excessive and asked for more concrete figures regarding her actual expenses. The appeal, presented by Advocate Akarsh Kanade on behalf of the petitioner, sought the large sum to cover what was described as her “basic needs,” which included items such as bangles, chains, sandals, and watches. The court questioned whether such expenses constituted "basic needs" and noted that the petitioner did not have any dependents or children. <div type="twitter" handle="DeepikaBhardwaj" handlename="DeepikaBhardwaj" favoritecount="0" retweetcount="0" id="1826237815962907135"></div>According to the Bar and Bench, the court said that she has no responsibility for any other family member or children, “Does anybody spend this much? A single lady for herself?” During the hearing, the petitioner referenced her ex-husband’s preference for branded clothing, such as Calvin Klein t-shirts costing around Rs 10,000, arguing that she should be entitled to similar living standards. Additionally, she cited health concerns, including knee joint pain and fever, which she attributed to negligence during the marriage. Further, Judge Lalitha Kanneganti also refused to entertain the request, saying, “If she wants to spend, let her earn,” TOI reported. <h2>But how much alimony is considered fair in India?</h2>In India, alimony, also referred to as <keyword id="20027249" type="General" weightage="20" keywordseo="maintenance" source="keywords">maintenance</keyword>, is a key aspect of <keyword id="19911325" type="General" weightage="20" keywordseo="divorce" source="keywords">divorce</keyword> proceedings. This <keyword id="19972877" type="General" weightage="20" keywordseo="financial-support" source="keywords">financial support</keyword> is provided by one spouse to another, irrespective of the divorce grounds. The determination of alimony involves complex legal and financial assessments, taking into account factors such as the earning capacity of both spouses, their financial needs, the length of the marriage, and the lifestyle maintained during the marriage. The <keyword id="19900742" type="General" weightage="20" keywordseo="supreme-court-of-india" source="keywords">Supreme Court of India</keyword> has set a general benchmark for monthly alimony, where the husband may be required to pay 25% of his net salary to his estranged wife. While this guideline applies to monthly payouts, no specific rule exists for lump-sum settlements, though they typically range from one-fifth to one-third of the spouse's net worth. The calculation of alimony depends on various factors, such as: <ul><li>Monthly incomes of both spouses</li><li>Educational background and employment prospects</li><li>Duration of the marriage</li><li>Number of children and child custody arrangements</li><li>Husband's income, liabilities, and lifestyle</li><li>Reasonable needs and financial independence of the wife</li></ul>In case of the Karnataka woman, the court expressed its expectation that more reasonable figures be provided to support her request. "If you want an order from the court, I want actual figures, not these lakhs of figures," said Justice Kanneganti. The judge also stated that the court is not a place for bargaining and advised the petitioner to be realistic in her demands. While the petitioner’s counsel attempted to lower the alimony request, the court maintained that without a rational basis for the amount, the application could not be entertained. Justice Kanneganti emphasised that the appeal would be dismissed if a more reasonable claim was not presented. In its final remarks, the court suggested that the appeal could be denied solely on the grounds of being unreasonable, stressing the importance of presenting justified and fact-based requests in legal proceedings. <div type="Article" hostid="261" msid="112689204" title="Jennifer Lopez and Ben Affleck reportedly didn&amp;#39;t sign a prenup. Here are the assets they may have to split 50/50 in their divorce settlement." mstype="2" mssubtype="0"></div>

A Karnataka woman is being ridiculed for demanding an alimony of Rs 6 lakh monthly from her ex. Is this fair?

The <keyword id="19895345" type="General" weightage="20" keywordseo="Supreme-Court" source="keywords" meta.keywordsubtype="org" meta.entityname="Supreme Court" meta.hostid="261" meta.entityid="Supreme Court">Supreme Court</keyword> agreed to hear on Friday a plea seeking <keyword id="20286748" type="General" weightage="20" keywordseo="postponement" source="keywords">postponement</keyword> of the <keyword id="22147879" type="General" weightage="20" keywordseo="NEET-PG" source="keywords">NEET-PG</keyword> examination, scheduled for August 11, which claimed that candidates have been allocated cities that are highly inconvenient for them to reach. A bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra on Thursday took note of the submissions of lawyer Anas Tanwir on the issue. The bench said the matter will be listed on Friday. The plea said many candidates have been allocated cities which are highly inconvenient for them to reach. It said the test cities were allotted on July 31 and the specific centres will be declared on August 8. While the allocation of the centres was done to curb malpractices, the plea said due to the paucity of time, it is difficult for the candidates to make arrangements for travel to specific cities. "Issue a writ in the nature of Mandamus ...the Respondents (<keyword id="19904021" type="General" weightage="20" keywordseo="National-Testing-Agency" source="keywords" meta.keywordsubtype="org" meta.entityname="National Testing Agency" meta.hostid="261" meta.entityid="National Testing Agency">National Testing Agency</keyword>) to reschedule the NEET-PG 2024 examination," stated the plea filed by Vishal Soren. The National Eligibility-cum-Entrance Test (NEET)-Postgraduate exam was initially supposed to be held on June 23. It was postponed by the Union Health Ministry as a "precautionary measure" in the wake of alleged irregularities in certain competitive exams. SEE ALSO:<a href="https://www.businessinsider.in/business/news/ola-wants-to-re-enter-the-quick-commerce-business-to-take-on-blinkit-and-swiggy-instamart/articleshow/112364583.cms" target="_blank"></a> <a href="https://www.businessinsider.in/business/news/ola-wants-to-re-enter-the-quick-commerce-business-to-take-on-blinkit-and-swiggy-instamart/articleshow/112364583.cms" target="_blank">Ola wants to re-enter the quick commerce business to take on Blinkit and Swiggy Instamart</a><a href="https://www.businessinsider.in/finance/banks/news/rbi-mpc-meet-cheque-clearing-time-reduced-upi-limit-increased-for-tax-payment/articleshow/112366099.cms" target="_blank"></a> <a href="https://www.businessinsider.in/finance/banks/news/rbi-mpc-meet-cheque-clearing-time-reduced-upi-limit-increased-for-tax-payment/articleshow/112366099.cms" target="_blank">RBI MPC meet – Cheque clearing time reduced, UPI limit increased for tax payment</a><a href="https://www.businessinsider.in/business/auto/news/tata-curvv-ev-with-up-to-585-km-range-launched-starting-at-17-49-lakh/slidelist/112342769.cms" target="_blank"></a> <a href="https://www.businessinsider.in/business/auto/news/tata-curvv-ev-with-up-to-585-km-range-launched-starting-at-17-49-lakh/slidelist/112342769.cms" target="_blank">Tata Curvv EV with up to 585 km range launched starting at ₹17.49 lakh</a>

Supreme Court to hear plea seeking postponement of NEET-PG on Friday

Union Minister <keyword id="20150028" type="General" weightage="20" keywordseo="Chirag-Paswan" source="keywords">Chirag Paswan</keyword> expressed his disagreement with the <keyword id="19895345" type="General" weightage="20" keywordseo="Supreme-Court" source="keywords" meta.keywordsubtype="org" meta.entityname="Supreme Court" meta.hostid="261" meta.entityid="Supreme Court">Supreme Court</keyword>'s observation on <keyword id="22418374" type="General" weightage="20" keywordseo="creamy-layer" source="keywords">creamy layer</keyword> among Scheduled Castes and Scheduled Tribes, and said that the <keyword id="22663720" type="General" weightage="20" keywordseo="Lok-Jandhakti-Party" source="keywords" meta.keywordsubtype="org" meta.entityname="Lok Jandhakti Party" meta.hostid="261" meta.entityid="Lok Jandhakti Party">Lok Jandhakti Party</keyword> (Ram Vilas) will be filing a review peition against the ruling. Emphasising that <keyword id="20053971" type="General" weightage="20" keywordseo="Dalit" source="keywords">Dalit</keyword> people in various spheres of life still face <keyword id="21301343" type="General" weightage="20" keywordseo="untouchability" source="keywords">untouchability</keyword>, Paswan said that the basis of giving <keyword id="19914887" type="General" weightage="20" keywordseo="reservation" source="keywords">reservation</keyword> to Scheduled Caste is 'untouchability,' so there is no point of creamy layer in it. "We disagree with the observation of the Supreme Court and we have registered this disagreement prominently. We are clear about this that the base of the Scheduled Caste is untouchability. It does not have an educational or economic basis. In such a situation, there can be no provision of creamy layer in it, reservation within the reservation is not correct, because even today the example of a Dalit youth is given who is prevented from riding a mare," Chirag Paswan told reporters on Sunday. "There are many such big names, who are on high posts, but even after they go to the temple, the temple is washed with Ganga water, so even today discrimination takes place based on untouchability... We, LJP (Ram Vilas) are also going to file a <keyword id="20143564" type="General" weightage="20" keywordseo="review-petition" source="keywords">review petition</keyword> in the Supreme Court regarding this matter," he added. The Supreme Court, in a landmark ruling on Thursday, ruled that states have the power to sub-classify SCs and STs and said that the authority concerned, while deciding if the class is adequately represented, must calculate adequacy based on effective and not quantitative representation. The top court ruled by a majority judgement of 6:1, that sub-classification within the SCs and STs reservation is permissible. As many as six separate opinions were delivered in the case. The judgement was delivered by the seven-judge bench led by Chief Justice of India DY Chandrachud, which overruled earlier judgement in the EV Chinnaiah matter, which had held that sub-classification was not permissible because SC/STs form homogenous classes. Besides CJI Chandrachud, other judges on the bench were Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma. Justice Bela M. Trivedi, in a dissenting opinion, said that she disagreed with the majority judgement that sub-classification within the Scheduled Caste and Scheduled Tribes is permissible.

We will file review petition against top court's verdict on SC/ST subclassification: Chirag Paswan

The <keyword id="19895345" type="General" weightage="20" keywordseo="Supreme-Court" source="keywords">Supreme Court</keyword> on Friday agreed to list for an early hearing the appeal of US-based creditor Glas Trust Company LLC against a judgment of the <keyword id="19916400" type="General" weightage="20" keywordseo="NCLAT" source="keywords">NCLAT</keyword>, which had stayed <keyword id="19965539" type="General" weightage="20" keywordseo="insolvency-proceedings" source="keywords">insolvency proceedings</keyword> against ed-tech firm <keyword id="19958178" type="General" weightage="20" keywordseo="Byjus" source="keywords">BYJU's</keyword> and approving its Rs 158.9 crore dues settlement with the <keyword id="19901245" type="General" weightage="20" keywordseo="BCCI" source="keywords" meta.keywordsubtype="org" meta.entityname="BCCI" meta.hostid="153" meta.entityid="BCCI">BCCI</keyword>. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra was urged by senior advocate NK Kaul, appearing for the ed-tech major, that the case needed to be heard at the earliest. Kaul said, "The only funding was done by the promoters and today no one has brought any external borrowing. We have to show today how malafide the petition (of US firm) is." "I will get it listed as early as possible," the CJI, who was indisposed and in quarantine for the last few days, said. Senior advocate Kapil Sibal, appearing for the US-based creditor, said it also wanted an early hearing. Earlier on August 22, the bench had refused to pass an interim order to ensure that the committee of creditors (CoC) does not hold any meeting in pursuance of the insolvency proceedings against the embattled ed-tech firm. It had listed the plea for a final hearing on August 27. The bench had said the developments, which may take place in the meantime, can be negated if it finds there was no merit in the appeal of the US-based creditor against the judgment of appellate insolvency tribunal NCLAT. The plea was mentioned earlier also on August 20 by Byju's and the BCCI and the top court had then also refused to pass an interim order to restrain the Insolvency Resolution Professional (IRP) from constituting a committee of creditors (CoC) in the insolvency proceedings against the ed-tech firm. In a major setback to Byju's, the top court had on August 14 stayed the verdict of NCLAT, setting aside the insolvency proceedings against the ed-tech major and approving its Rs 158.9 crore dues settlement with the Indian cricket board. The August 2 verdict of the NCLAT had come as a huge relief for Byju's as it had effectively put its founder Byju Raveendran back in control. The top court, however, had prima facie termed the NCLAT verdict as "unconscionable" and stayed its operation while issuing notices to Byju's and others on the appeal of the ed-tech firm's US-based creditor against the judgment of the insolvency appellate tribunal. The case stemmed from Byju's default on a Rs 158.9 crore payment related to a sponsorship deal with the BCCI. The top court had directed the BCCI to keep a sum of Rs 158 crore it had received from Byju's after a settlement in a separate escrow account till further orders. "Issue notice. Pending further orders there shall be a stay of the impugned order of August 2 of NCLAT. In the meantime, BCCI shall maintain the amount of Rs 158 crore, which shall be realised in pursuance of a settlement, in a separate escrow account until further orders," the bench had said. The NCLAT had approved the Rs 158.9 crore dues settlement with the BCCI and set aside the insolvency proceedings against Byju's. Byju's had entered into a "Team Sponsor Agreement" with the BCCI in 2019. Under the agreement, the ed-tech firm got exclusive rights to display its brand on the Indian cricket team's kit and some other benefits. Byju's had to pay a sponsorship fee. The company met its obligations till the middle of 2022 but defaulted on subsequent payments of Rs 158.9 crore. After insolvency proceedings were initiated, Byju's entered into a settlement with the BCCI. On July 16, the Bengaluru bench of the National Company Law Tribunal (NCLT) had admitted 'Think and Learn', Byju's parent company, to the insolvency resolution process on a plea filed by the BCCI over default in payment of outstanding dues of almost Rs 158.9 crore. While suspending the board of the ed-tech firm, the NCLT had appointed an interim resolution professional to run the operations of the company, suspended the company's board of directors, and brought it under moratorium by freezing its assets. The US-based lenders suspected that the settlement amount was being diverted from the credit they had extended to Byju's. SEE ALSO: <a href="https://www.businessinsider.in/tech/mobile/news/india-beats-the-us-to-emerge-as-the-second-biggest-market-for-5g-smartphones/articleshow/113095322.cms">India beats the US to emerge as the second-biggest market for 5G smartphones</a> <a href="https://www.businessinsider.in/tech/mobile/news/apple-iphone-16-to-launch-on-september-9-design-specs-and-everything-we-know-so-far/articleshow/113091114.cms">Apple iPhone 16 to launch on September 9 – design, specs and everything we know so far</a> <a href="https://www.businessinsider.in/stock-market/webstories/shree-tirupati-balajee-agro-trading-ipo-price-band-to-risk-factors-all-you-need-to-know/slidelist/113082663.cms">Shree Tirupati Balajee Agro Trading IPO – Price band to risk factors, all you need to know</a>

Supreme Court agrees to list plea related to insolvency proceedings against ed-tech firm Byju's

Defending its 2019 law criminalising <keyword id="20415107" type="General" weightage="100" keywordseo="triple-talaq" source="keywords">triple talaq</keyword>, the Centre has told the <keyword id="19895345" type="General" weightage="20" keywordseo="Supreme-Court" source="keywords">Supreme Court</keyword> that the practice is "fatal" for the social institution of <keyword id="19896575" type="General" weightage="20" keywordseo="marriage" source="keywords">marriage</keyword>. In an affidavit filed in response to petitions challenging the law, the Union of India said despite the top court setting aside the practice in 2017, it has "not worked as a sufficient deterrent in bringing down the number of divorces by this practice" among the members of the community. "It is submitted that Parliament in its wisdom has enacted the impugned Act to protect the rights of married <keyword id="19943278" type="General" weightage="20" keywordseo="Muslim-women" source="keywords">Muslim women</keyword> who are being divorced by triple talaq. "The impugned Act helps in ensuring the larger constitutional goals of <keyword id="20809677" type="General" weightage="20" keywordseo="gender-justice" source="keywords">gender justice</keyword> and <keyword id="20250318" type="General" weightage="20" keywordseo="gender-equality" source="keywords">gender equality</keyword> of married Muslim women and helps subserve their fundamental rights of non-discrimination and empowerment," the affidavit said. On 22 August 2017, the <keyword id="19936355" type="General" weightage="20" keywordseo="apex-court" source="keywords">apex court</keyword> had declared instant triple talaq (talaq-e-biddah) unconstitutional. On August 23, 2019, the top court agreed to examine the validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019. Violation of the law entails imprisonment of up to three years. Two Muslim organisations -- <keyword id="22278513" type="General" weightage="20" keywordseo="Jamiat-Ulama-I-Hind" source="keywords" meta.keywordsubtype="org" meta.entityname="Jamiat Ulama-I-Hind" meta.hostid="261" meta.entityid="Jamiat Ulama-I-Hind">Jamiat Ulama-I-Hind</keyword> and Samastha Kerala Jamiathul Ulema -- have urged the court to declare the law "unconstitutional". Jamiat claimed in its petition that "criminalising a mode of <keyword id="19911325" type="General" weightage="20" keywordseo="divorce" source="keywords">divorce</keyword> in one particular religion while keeping the subject of marriage and divorce in other religions only within the purview of civil law, leads to discrimination, which is not in conformity with the mandate of Article 15".

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You can now be prosecuted for unknowingly “auto-downloading” child porn. Here’re some safe browsing habits

BI India Bureau

A Karnataka woman is being ridiculed for demanding an alimony of Rs 6 lakh monthly from her ex. Is this fair?

BI India Bureau

Supreme Court to hear plea seeking postponement of NEET-PG on Friday

PTI

We will file review petition against top court's verdict on SC/ST subclassification: Chirag Paswan

ANI

Supreme Court agrees to list plea related to insolvency proceedings against ed-tech firm Byju's

PTI

Centre defends 2019 law on triple talaq in SC, says practice 'fatal' for marriage

PTI

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