Discuss 'Culpable Mental State' under the Essential Commodities Act, 1955.
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2022
Discuss 'Culpable Mental State' under the Essential Commodities Act, 1955.
Answer & Explanation:
Section 10-C of the Essential Commodities Act, 1955 provides for a presumption of culpable mental state, which includes intention, motive, knowledge of a fact and fact or belief in or reason to believe a fact. It is now provided that in any prosecution for an offence under the Act which requires a culpable mental state on the part of the accused, the Court shall presume the existence of mental state. Of course, it is open to the accused to prove that he had no such mental state with respect of the act committed by him.
Topics: Essential Commodities Act, 1955
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