Presumption of culpable mental state
Section 3D of the Epidemic Diseases Act, 1897 deals with presumption of culpable mental state. In any prosecution for an offence under sub-section (3) of section 3 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 respec The Act came into force on 04 Feb 1897.
1[3D. Presumption of culpable mental state.--(1) In any prosecution for an offence under sub-section (3) of section 3 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.
(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 existenc e is established by a preponderance of probability.
Explanation.--In this section, "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact.
Section 3D, The Epidemic Diseases Act, 1897 (Act 3 of 1897).
Cross-references
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Questions about Section 3D
What does Section 3D of the Epidemic Diseases Act deal with?
Section 3D of the Epidemic Diseases Act is headed "Presumption of culpable mental state". [3D. Presumption of culpable mental state.--(1) In any prosecution for an offence under sub-section (3) of section 3 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 f
How do I find court cases under Section 3D of the Epidemic Diseases Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Epidemic Diseases Act 1897 3D, section 3D Epidemic Diseases Act 1897, section 3D of the Epidemic Diseases Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 3D of the Epidemic Diseases Act, and has it changed?
Its own text turns on section 3 (Penalty), so none of them can safely be read on its own.
When did Section 3D of the Epidemic Diseases Act come into force?
Section 3D of the Epidemic Diseases Act, cited as Epidemic Diseases Act 1897 3D, came into force on 04 Feb 1897, having been enacted on 04 Feb 1897. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.