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Home > Indian Bare Acts > Income Tax Act - 1961 > Presumption as to culpable mental state.
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Income Tax Act - 1961
Title : Income Tax Act - 1961

Year : 1961

Act :

278E. Presumption 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 " include 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.



Last updated on February, 2008
 
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