Section 35 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Presumption of culpable mental state

Home › The Narcotic Drugs and Psychotropic Substances Act, 1985 › Chapter IV – Offences and penalties

Section 35: Presumption of culpable mental state

  • (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.

Source: official text of The Narcotic Drugs and Psychotropic Substances Act, 1985 as published on India Code (PDF). All sections of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Related posts:

  1. The Narcotic Drugs and Psychotropic Substances Act, 1985 – All Sections
  2. Section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Definitions
  3. The Drugs and Cosmetics Act, 1940 – All Sections
  4. Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Disposal of seized narcotic drugs and psychotropic substances