Lawgist138APresumption of culpable mental stat
1[138A. Presumption of culpable mental state.--(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.
(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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1. Ins. by s. 9, ibid. (w.e.f. 1-9-1973).
- 132 False declaration, false documents, etc
- 133 Obstruction of officer of customs
- 134 Refusal to be X-rayed
- 135 Evasion of duty or prohibitions
- 135A Preparation
- 135B Power of court to publish name, place of business, etc., of persons convicted under the Act
- 136 Offences by officers of customs
- 137 Cognizance of offences
- 138 Offences to be tried summaril
- 138A Presumption of culpable mental stat
- 138B Relevancy of statements under certain circumstances
- 138C Admissibility of micro films, facsimile copies of documents and computer print outs as documents and as evidence
- 139 Presumption as to documents in certain cases
- 140 Offences by companies
- 140A Application of section 562 of the Code of Criminal Procedure, 1898, and of the Probation of Offenders Act, 1958
