Chapter II A - Indicating amount of duty in the price of goods, etc., for purpose of refund and crediting certain amounts to the fund (From Section 12A to Section 12D)
Presumption of culpable mental state allows mens rea to be presumed, while accused may prove absence beyond reasonable doubt. The Court shall presume the existence of a culpable mental state where such is required for an offence, but it is a defence for the accused to prove he had no such mental state; 'culpable mental state' includes intention, motive, knowledge and belief. For this section, a fact is said to be proved only when the Court believes it to exist beyond reasonable doubt, not by a preponderance of probability.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Presumption of culpable mental state allows mens rea to be presumed, while accused may prove absence beyond reasonable doubt.
The Court shall presume the existence of a culpable mental state where such is required for an offence, but it is a defence for the accused to prove he had no such mental state; "culpable mental state" includes intention, motive, knowledge and belief. For this section, a fact is said to be proved only when the Court believes it to exist beyond reasonable doubt, not by a preponderance of probability.
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