Presumption of culpable mental state
Chapter 5: Offences and penalties
(1) In any prosecution for an offence under this Act which requires a culpable mental state 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 purpose of this section , a fact is said to be proved only when the court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability.
The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act No. 61 of 1985). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.
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- 36AOffences triable by Special Courts
- 36BAppeal and revision