Presumption of culpable mental state shifts burden to accused to prove absence of required mental element in offences. The court shall presume the existence of a culpable mental state in any prosecution requiring such a state, but it is a defence for the accused to prove lack of that mental state. Culpable mental state includes intention, motive, knowledge, and belief or reason to believe, and a fact is proved only when believed beyond reasonable doubt.
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 required mental element in offences.
The court shall presume the existence of a culpable mental state in any prosecution requiring such a state, but it is a defence for the accused to prove lack of that mental state. Culpable mental state includes intention, motive, knowledge, and belief or reason to believe, and a fact is proved only when believed beyond reasonable doubt.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.