Presumption of culpable mental state shifts burden to accused to prove absence of such mental state beyond reasonable doubt. Section 135 creates a rebuttable presumption that a requisite culpable mental state (including intention, motive, knowledge, or belief or reason to believe a fact) exists in prosecutions under the Act, while permitting the accused to establish as a defence that such mental state was absent; it specifies that a fact is proved only when believed by the court 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 such mental state beyond reasonable doubt.
Section 135 creates a rebuttable presumption that a requisite culpable mental state (including intention, motive, knowledge, or belief or reason to believe a fact) exists in prosecutions under the Act, while permitting the accused to establish as a defence that such mental state was absent; it specifies that a fact is proved only when believed by the court beyond reasonable doubt.
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