Presumption of culpable mental state
Section 30 of the Protection of Children from Sexual Offences Act, 2012 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 Special 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 The Act came into force on 14 Nov 2012.
(1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the Special 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 Special Court believes it to exist beyond reasonable doubt and not merely when its existence 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 30, The Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012).
Questions about Section 30
What does Section 30 of the Protection of Children from Sexual Offences Act deal with?
Section 30 of the Protection of Children from Sexual Offences 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 Special 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
How do I find court cases under Section 30 of the Protection of Children from Sexual Offences 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: Pocso Act 30, section 30 Pocso Act, section 30 of the Protection of Children from Sexual Offences Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 30 of the Protection of Children from Sexual Offences Act come into force?
Section 30 of the Protection of Children from Sexual Offences Act, cited as Pocso Act 30, came into force on 14 Nov 2012, having been enacted on 19 Jun 2012. It is in force as at the date shown on this page.
Other sections of this Act
- 9. Aggravated sexual assault813 words
- 5. Aggravated penetrative sexual assault811 words
- 33. Procedure and powers of Special Court395 words
- 2. Definitions340 words
- 19. Reporting of offences338 words
- 45. Power to make rules323 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 15 Oct 2026. This page is not a substitute for legal advice.