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TypeBare Act JurisdictionCentral Government

Customs Act, 1962 Section 138A

Presumption of Culpable Mental State

~1 min read
https://sooperkanoon.com/act/45010

Bare act section · Research

About this section

Customs Act, 1962 Section 138A is part of Customs Act, 1962 - Presumption of Culpable Mental State. Read the section text below and explore Indian court judgments that cite it.

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Section Text

1[138A. Presumption of culpable mental state

(1) In any prosecution for an 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 section "culpable mental state" includes intention, motive, knowledge of a fact and believe 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.]

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1. Inserted by Act 36 of 1973, section 9 (w.e.f. 1-9-1973).

Frequently asked questions

What does Customs Act, 1962 Section 138A provide?

Section Section 138A of the Customs Act, 1962 (Presumption of Culpable Mental State) is reproduced on this page as part of the Customs Act, 1962. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Customs Act, 1962 Section 138A?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Customs Act, 1962 Section 138A. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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