Presumption of culpable mental state shifts burden to accused to prove absence of intent as a defence. Where an offence under the Act requires a culpable mental state, the court shall presume that mental state, but it is a defence for the accused to prove absence of such state with respect to the act charged; '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 exists beyond reasonable doubt rather than by a mere 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 shifts burden to accused to prove absence of intent as a defence.
Where an offence under the Act requires a culpable mental state, the court shall presume that mental state, but it is a defence for the accused to prove absence of such state with respect to the act charged; "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 exists beyond reasonable doubt rather than by a mere preponderance of probability.
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