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          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.

          <h1>Presumption of culpable mental state shifts evidentiary posture but allows accused to rebut absence of mens rea.</h1> Where an offence under the Act requires a culpable mental state, the court shall presume its existence but the accused may defend by proving absence of that state regarding the charged act; 'culpable mental state' includes intention, motive, knowledge, and belief or reason to believe a fact, and a fact is proved only when the court believes it beyond reasonable doubt rather than by a mere preponderance of probability.

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