Presumption of culpable mental state shifts burden to the accused to prove absence of guilty mind in GST offences. Presumption of culpable mental state places on the accused the burden of proving the absence of intention, motive, knowledge, belief, or reason to believe when such a mental element is material to an offence. Statements made or signed on appearance to a summons are relevant to prove their contents when the declarant is dead, cannot be found, is incapable of giving evidence, is kept out of the way by an adverse party, where attendance would cause unreasonable expense or delay, or when the court, finding it just, admits the statement despite the person being examined as a witness.
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 shifts burden to the accused to prove absence of guilty mind in GST offences.
Presumption of culpable mental state places on the accused the burden of proving the absence of intention, motive, knowledge, belief, or reason to believe when such a mental element is material to an offence. Statements made or signed on appearance to a summons are relevant to prove their contents when the declarant is dead, cannot be found, is incapable of giving evidence, is kept out of the way by an adverse party, where attendance would cause unreasonable expense or delay, or when the court, finding it just, admits the statement despite the person being examined as a witness.
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