# The Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35: Presumption of culpable mental state

- Act: The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985)
- In force from: 1985-11-14
- Ministry: Ministry of Finance
- Source URL: https://indiacode.ecourtsindia.com/ndps-act/section/35/

## Text

(1) In any prosecution for an offence under this Act which requires a culpable mental state 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 belief in, or reason to believe, a fact. (2) For the purpose of this section , a fact is said to be proved only when the court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability.

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