Presumption of culpable mental state shifts burden to accused to prove absence of mens rea beyond reasonable doubt. The provision presumes a guilty mental state in prosecutions under Section 138A, shifting the burden to the accused to prove absence of intention, motive, ... Summary
Presumption of culpable mental state shifts burden to accused to prove absence of mens rea beyond reasonable doubt.
The provision presumes a guilty mental state in prosecutions under Section 138A, shifting the burden to the accused to prove absence of intention, motive, knowledge, belief or reason to believe; the presumption is rebutted only by proof beyond reasonable doubt rather than by a preponderance of probability.
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