[1][138A. Presumption of culpable mental state. -
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(1) In any prosecution for an offence under this Act which 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. -In this section, "culpable mental state" includes intention, motive, knowledge of a fact and belief in, or reason to believe, a fact. |
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(2) For the purposes of this section, 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.] |
[1] Instituted by the Customs, Gold (Control) and Central Excises and Salt (Amendment) Act, 1973 (36 of 1973), sec. 9 (w.e.f. 1.9.1973).