CHAPTER VII SPECIAL COURTS

Section 30: Presumption of culpable mental state

The Protection of Children from Sexual Offences Act, 2012

(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.

Leading cases

Just Rights for Children Alliance v. S. Harish (2024)Storing or possessing child sexual exploitative material with the intent specified in Section 15 of the POCSO Act is an offence even without transmission; the High Court's quashing of the prosecution was set aside and the case restored to trial.

Questions on this section

1 question in 2 of our papers cite Section 30. Try these from the free papers:

1. Under Section 30 of the POCSO Act, the accused may prove that he had no culpable mental state. For this purpose, a fact is said to be proved only when the Special Court:

Practise questions on Special Criminal Laws