Vidhara

The Protection of Children from Sexual Offences Act, 2012

§30Presumption of culpable mental state

(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.

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Official text: India Code (official)

Official India Code text: The Protection of Children from Sexual Offences Act, 2012, English PDF (bitstream 123456789/2079/1/AA2012-32.pdf, 207,723 bytes, sha256 def90f072fdb6b62...) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-08-03. Extracted via pdftotext 26.07 -bbox and the @nexlex/ingest inline parser. Automated parse; footnotes and amendment history excluded. Spot-verified against the PDF; full clause-level proofread pending.

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