Presumption of culpable mental state
Section 10C of the Essential Commodities Act, 1955 deals with presumption of culpable mental state. 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 The Act came into force on 01 Apr 1955.
(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.]
Section 10C, The Essential Commodities Act, 1955 (Act 10 of 1955).
Questions about Section 10C
What does Section 10C of the Essential Commodities Act deal with?
Section 10C of the Essential Commodities Act is headed "Presumption of culpable mental state". 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
How do I find court cases under Section 10C of the Essential Commodities 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: Essential Commodities Act 10C, section 10C Essential Commodities Act, section 10C of the Essential Commodities Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 10C of the Essential Commodities Act come into force?
Section 10C of the Essential Commodities Act, cited as Essential Commodities Act 10C, came into force on 01 Apr 1955, having been enacted on 01 Apr 1955. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Powers to control production, supply, distribution, etc., of essential commodities3328 words
- 12A. Power to try summarily760 words
- 7A. Power of Central Government to recover certain amounts as arrears of land revenue565 words
- 6A. Confiscation of essential commodity530 words
- 7. Penalties524 words
- 2. Definitions416 words
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 18 Oct 2026. This page is not a substitute for legal advice.