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Section 10C

Presumption of culpable mental state.—(/) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the

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10C. Presumption of culpable mental state.—(/) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the 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 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. such mental state with respect to the act charged as an offence in that prosecution. Explanation Explanation. . . ― .—In In this section, n this section, " "c culpable mental state culpable mental state" " " includes intention, motive, knowledge of a includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact. fact and the belief in, or reason to believe, a fact. Explanation.―In this section, "culpable mental state" includes intention, motive, knowledge of a Explanation.—In this section, "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact. fact and the belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to (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 exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] probability. ] (2) For the purposes of this section, a fact is said to be proved only when the court believes it to (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 exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] probability. ] 11