Presumption of culpable mental state places on accused the defence to prove absence of intent beyond reasonable doubt. Clause 490 creates a rebuttable presumption that a required culpable mental state exists in prosecutions under the Act, while permitting the accused to raise a defence proving absence of that state; it defines culpable mental state to include intention, motive, knowledge, belief, or reason to believe a fact, and requires facts to be proved 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 places on accused the defence to prove absence of intent beyond reasonable doubt.
Clause 490 creates a rebuttable presumption that a required culpable mental state exists in prosecutions under the Act, while permitting the accused to raise a defence proving absence of that state; it defines culpable mental state to include intention, motive, knowledge, belief, or reason to believe a fact, and requires facts to be proved beyond reasonable doubt rather than by preponderance of probability.
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