Section 30 of POCSO : Section 30: Presumption Of Culpable Mental State

Explanation using Example

Imagine a scenario where a school teacher is accused of molesting a student. Under Section 30 of The Protection of Children from Sexual Offences Act, 2012, when the case goes to trial, the Special Court is required to presume that the teacher had the necessary culpable mental state, such as the intention or knowledge that his actions would constitute sexual offense against the child.

However, the teacher has the opportunity to defend himself by presenting evidence and arguments to prove that he did not have such a mental state. For instance, he might argue that any physical contact with the student was accidental and not intentional, and bring witnesses or other forms of evidence to support his claim.

The court will only accept this defense if it believes beyond reasonable doubt that the teacher truly lacked the culpable mental state. If the evidence only suggests that it's more likely than not that the teacher lacked this mental state, that is not sufficient for the court under this law.