Culpable mental state required for prosecution, but law presumes mens rea under Section 75 when necessary. Mens rea is a necessary element for prosecution under the Model GST law; prosecution ordinarily requires proof of the requisite mental state, but when an offence cannot be committed without such a state of mind the law raises a presumption of culpable mental state, treating the requisite mens rea as established unless rebutted.
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 required for prosecution, but law presumes mens rea under Section 75 when necessary.
Mens rea is a necessary element for prosecution under the Model GST law; prosecution ordinarily requires proof of the requisite mental state, but when an offence cannot be committed without such a state of mind the law raises a presumption of culpable mental state, treating the requisite mens rea as established unless rebutted.
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