Presumption of culpable mental state

General201954 sections6 chapters

Chapter III PROHIBITION, OFFENCES AND PENALTIES

Statutory text

(1) In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the Court shall presume the existence of such mental state but it shall be the responsibility of the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation:- In this section, ‘culpable mental state’ includes intention, motive, knowledge of a fact and belief in or reason to believe, a fact.
(2) For the purpose of this section, a fact is said to be proved only when the Court believes it to exist beyond a reasonable doubt and not merely when its existence is established by preponderance of probability.

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