41[Presumption as to culpable mental state.
278E. (1) In any prosecution for any offence under
this Act which requires a culpable mental state on the part 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 sub-section, culpable mental state
includes intention, motive or knowledge of a fact or belief in, or reason to
believe, a fact.
(2) For the
purposes of this section, a fact is said to be proved only when the court
believes it to exist beyond reasonable doubt and not merely when its existence
is established by a preponderance of probability.]