Comment on the presumption of culpable mental state. Who can avoid such presumption of culpable mental state as stated under the Essential Commodities Act, 1955?
CS Executive · Economic and Commercial Laws · PYQS · June 2017
Comment on the presumption of culpable mental state. Who can avoid such presumption of culpable mental state as stated 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 the belief in 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. Such presumption may be avoided by the accused. 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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