54Presumption as to culpable mental state
(1) 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 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 sub-section, "culpable mental state" includes intention, motive or knowledge of a fact or 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 exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.
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- 48 Chapter not in derogation of any other law or any other provision of this Act
- 49 Punishment for failure to furnish return in relation to foreign income and asset
- 50 Punishment for failure to furnish in return of income, any information about an asset (including financial interest in any entity) located outside India
- 51 Punishment for wilful attempt to evade tax
- 52 Punishment for false statement in verification
- 53 Punishment for abetment
- 54 Presumption as to culpable mental state
- 55 Prosecution to be at instance of Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner
- 56 Offences by companies
- 57 Proof of entries in records of documents
- 58 Punishment for second and subsequent offences