Presumption of culpable mental state places onus on accused to prove absence beyond reasonable doubt. The statute presumes the existence of a culpable mental state in prosecutions requiring such a state, while allowing the accused to defend by proving absence of that state. 'Culpable mental state' includes intention, motive, knowledge, belief, or reason to believe a fact. The provision further mandates that a fact is proved only when the court believes it beyond reasonable doubt, not by a mere 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 onus on accused to prove absence beyond reasonable doubt.
The statute presumes the existence of a culpable mental state in prosecutions requiring such a state, while allowing the accused to defend by proving absence of that state. "Culpable mental state" includes intention, motive, knowledge, belief, or reason to believe a fact. The provision further mandates that a fact is proved only when the court believes it beyond reasonable doubt, not by a mere preponderance of probability.
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