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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 burden to accused to prove absence of the required mental element.</h1> In prosecutions under the Act requiring a culpable mental state, the court shall presume the existence of that mental state, but it is a defence for the accused to prove absence of such mental state. Culpable mental state includes intention, motive, knowledge, and belief or reason to believe a fact. A fact is proved only when the court believes it exists beyond reasonable doubt rather than by a preponderance of probability.

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