Presumption of culpable mental state shifts burden to accused to prove absence of such state as a defence. A statutory presumption assigns the existence of a culpable mental state in prosecutions for offences requiring such a state, while allowing the accused a defence by proving absence of that state. The provision defines culpable mental state to include intention, motive, knowledge, and belief or reason to believe, and mandates that a fact is proved only when believed to exist beyond reasonable doubt rather than by 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 such state as a defence.
A statutory presumption assigns the existence of a culpable mental state in prosecutions for offences requiring such a state, while allowing the accused a defence by proving absence of that state. The provision defines culpable mental state to include intention, motive, knowledge, and belief or reason to believe, and mandates that a fact is proved only when believed to exist beyond reasonable doubt rather than by preponderance of probability.
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