Question

Which sections create a presumption of sexual intent?

Hint:

Whenever “sexual intent” must be inferred, combine: Act proved → Section 30 presumes intent → Section 11 helps interpret → Section 29 shifts burden to the accused.

Answer 1

In the context of sexual offences involving children, the statutory presumption of sexual intent arises primarily under Section 30 of the POCSO Act.
Section 30 (POCSO Act): Presumption of culpable mental state
This provision states that when the prosecution proves the actus reus (the act), the court shall presume the mental element, including:

sexual intent,
knowledge,
motive,
any state of mind necessary to constitute the offence.
Additionally, some POCSO provisions expressly refer to the inference of sexual intent:

Section 11 Explanation — clarifies that “sexual intent shall be inferred from the circumstances.”
Section 29 — raises a presumption of guilt once foundational facts (identity + act) are established.
Thus, the legal framework presumes sexual intent through: \[ \boxed{Section 30 (culpable mental state) + Section 11 Explanation + Section 29 (presumption of guilt)} \]