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Section 30: Presumption of culpable mental state.

The Protection of Children from Sexual Offences Act, 2012Central Act · Act 32 of 2012

(1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the Special 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.

(2) For the purposes of this section, a fact is said to be proved only when the Special Court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.

Explanation.--In this section, "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact.

Where this provision sits

ActThe Protection of Children from Sexual Offences Act, 2012
Section30
Marginal notePresumption of culpable mental state.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it5

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