Chapter VI — OFFENCES AND PENALTIES

Section 22Presumption of culpable mental state

Section 22: Presumption of culpable mental state

22. Presumption of culpable mental state

In any prosecution for an offence under this Actwhich requires a culpable mental state on the part of the accused, the Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.

Explanation.--- For the purposes of this section,---

(a)

the expression "culpable mental state" includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact;

(b)

a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.