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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Provisions expressly mentioned in the judgment/order text.
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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