# The Essential Commodities Act, 1955, Section 10C: Presumption of culpable mental state

- Act: The Essential Commodities Act, 1955 (Act 10 of 1955)
- In force from: 1955-04-01
- Ministry: Ministry of Consumer Affairs, Food and Public Distribution
- Source URL: https://indiacode.ecourtsindia.com/essential-commodities-act-1955/section/10C/

## Text

(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 section, "culpable mental state" includes intention, motive, knowledge of a fact and the 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.]

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