Presence of culpable mental state [Section 9C]:

Section 9C of the Act presumes that a culpable mental state was present at the time the offence was committed unless proved otherwise. The word “Culpable” means “faulty or criminal”. It implies that the offence was committed with a criminal state of mind. The section includes within the meaning of culpable mental state the intention, motive, knowledge of a fact and belief or reason to believe a fact. That means when an offence is committed, the law presumes that the person did it intentionally with a motive and he had sufficient knowledge or reason to believe that it was an offence. However, the fact has to be proved beyond reasonable doubt. As held by the Madras High Court in Lakshmichand v. GOI – 1983 (12) E.L.T. 322, penal proceedings should not be allowed to be proceeded with on vague and camouflaged hypothesis. The Supreme Court in Asstt. Collector v. Sayed Mohammed 1983 (12) E.L.T. 193 held that the accused cannot be convicted on mere conjectures and surmises and the prosecution must prove the guilt bey ond reasonable doubt.

One may be tempted to think that while the burden of proof lies on the person accusing, however culpable mental state is presumed. What this means that once the burden of proof is discharged, the onus will be on the accused to prove that he had no culpable mental state.