Culpable mental state presumption applies in prosecutions, with accused permitted to prove absence and facts requiring proof beyond reasonable doubt. The court presumes the existence of a culpable mental state in prosecutions under this Act requiring mens rea, while it is a defence for the accused to prove absence of that state for the charged act. Culpable mental state includes intention, motive, knowledge, belief, or reason to believe a fact. Facts are proved only when the court is satisfied beyond reasonable doubt, not on 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.
Culpable mental state presumption applies in prosecutions, with accused permitted to prove absence and facts requiring proof beyond reasonable doubt.
The court presumes the existence of a culpable mental state in prosecutions under this Act requiring mens rea, while it is a defence for the accused to prove absence of that state for the charged act. Culpable mental state includes intention, motive, knowledge, belief, or reason to believe a fact. Facts are proved only when the court is satisfied beyond reasonable doubt, not on a preponderance of probability.
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