section 16
Presumption in prosecutions for contravention of order passed under section 3 or directions issued under sections 4, 5, 6 or 13
The M.P. State Security Act, 1990General199035 sections7 chapters
Chapter III Dispersal of Anti-Social Elements and Previous Convicts
Statutory text
Notwithstanding anything contained in any law for the time being in force, in a prosecution for an offence for the contravention of order passed under section 3 or a direction issued under Section 4, 5, 6 or 13 on the production of an authentic copy of the order, it shall until the contrary is proved and the burden of proving which shall lie on the accused, be presumed—
- (a) that the order was made by the District Magistrate or Sub-Divisional Magistrate empowered by the State Government under Section 13 or the State Government or any officer specially empowered by the State Government under Section 13 as the case may be;
- (b) that the District Magistrate or the Additional District Magistrate or Sub-Divisional Magistrate empowered by the State Government under Section 13 or the State Government or any officer specially empowered by the State Government under Section 13 as the case may be, was satisfied that the grounds on or the purpose for which it was made, existed, and that it was necessary to make the same; and
- (c) that the order was otherwise valid and in conformity with the provisions of this Act.
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