POCSO Act Section 30 — Presumption of culpable mental state

Summary

Sub-section (1) states that in any prosecution for an 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. However, it is a defence for the accused to prove that he had no such mental state with respect to the act charged as an offence in that prosecution.

Sub-section (2) states that 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.

The Explanation states that in this section, "culpable mental state" includes intention, motive, knowledge of a fact, and the belief in, or reason to believe, a fact.

Official Text

(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.

Related Judgments

• JUST RIGHTS FOR CHILDREN ALLIANCE & ANR. vs S. HARISH & ORS — Supreme Court of India (2024)
• SAMBHUBHAI RAISANGBHAI PADHIYAR vs STATE OF GUJARAT — Supreme Court of India (2024)
• THE STATE (NCT OF DELHI) vs RANJEET — Delhi High Court (2025)
• ATTORNEY GENERAL FOR INDIA vs SATISH AND ANOTHER — Supreme Court of India (2021)