Section 59: Presumption of culpable mental state .-(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

Q: What does Section 59 of The Foreign Exchange Regulation Act, 1973 (FERA) deal with?

Section 59 FERA pertains to "Presumption of culpable mental state .-(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". It is part of the The Foreign Exchange Regulation Act, 1973, a legislation enacted by the Parliament of India. Section 59 of The Foreign Exchange Regulation Act, 1973 (FERA) governs presumption of culpable mental state .-(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. As verified on 19 May 2026.

Q: Is Section 59 FERA still in force?

Yes, Section 59 of the The Foreign Exchange Regulation Act, 1973 is currently in force across the Republic of India.

Q: What is धारा 59 FERA?

धारा 59 FERA is the Devanagari Hindi reference for Section 59 of the The Foreign Exchange Regulation Act, 1973. Section 59 of The Foreign Exchange Regulation Act, 1973 (FERA) governs presumption of culpable mental state .-(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. As verified on 19 May 2026.

Q: What is Dhara 59 FERA?

Dhara 59 FERA is the Roman Hindi reference for Section 59 of the The Foreign Exchange Regulation Act, 1973. "Dhara" means "Section" in Hindi. Section 59 of The Foreign Exchange Regulation Act, 1973 (FERA) governs presumption of culpable mental state .-(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. As verified on 19 May 2026.

Q: How to cite Section 59 of The Foreign Exchange Regulation Act, 1973?

Cite as: "Section 59, The Foreign Exchange Regulation Act, 1973 (FERA)" in legal briefs. For academic writing, use the BlueBook format: The Foreign Exchange Regulation Act, 1973, § 59 (India).

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Explanation .-In this section, "culpable mental state " includes intention, motive, knowledge of a fact and 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.

(3)

The provisions of this section shall, so far as may be, apply in relation to any proceeding before an adjudicating officer as they apply in relation to any prosecution for an offence under this Act.