Section 16 in The M.P. Rajya Suraksha Adhiniyam, 1990
16. Presumption in prosecutions for contravention of order passed under Section 3 or directions issued under Section 4, 5, 6 or 13.
- Notwithstanding anything contained in any law for the time being in force, in a prosecution for an offence for the contravention of order passed under Section 3 or a direction issued under Section 4, 5, 6 or 13 on the production of an authentic copy of the order, it shall until the contrary is proved and the burden of proving which shall lie on the accused, presumed-(a)that the order was made by the District Magistrate or Sub-Divisional Magistrate empowered by the State Government under Section 18 or the State Government or any officer specially empowered by the State Government under Section 13 as the case may be;(b)that the District Magistrate or the Additional District Magistrate or Sub-Divisional Magistrate empowered by the State Government under Section 18 or the State Government or any officer specially empowered by the State Government under Section 13 as the case may be, was satisfied the grounds on or the purpose for which it was made, existed, and that it was necessary to make the same; and(c)that the order was otherwise valid and in confirmity with the provisions of this Act.
