Insanity Defense in Blasphemy Offences in Pakistan

Abstract

The crimes related to religion are known as blasphemy offences in Pakistan. These laws are criticized by many international bodies for being misused in Pakistan. The offences of blasphemy and mental illnesses of the accused are interlinked. There are many known mental disorders and conditions which can put an individual at the greater risk of committing blasphemy. Insanity defense is a defense against the criminal liability of a person suffering from mental disorder. There are several judgements of superior courts in Pakistan which shed light on the insanity defense in blasphemy offences. However, there is much left to bridge the gap between the insanity defense and blasphemy offences considering the developments in mental health science and jurisprudence to meet the ends of justice. It is crucial to build capacity of psychiatrists, psychologists, judges, prosecutors, lawyers, police officers, prison personnels and other relevant stakeholders.