Insanity Defense in Criminal Cases in Courts in Pakistan

Abstract

The insanity defense is an affirmative defense against the criminal liability of a person suffering from mental disorder. Pakistan incorporated McNaughton Rules in section 84 of Pakistan Penal Code, 1898 according to which a person cannot be held guilty of committing a crime if such a person, at the time of the commission of a crime, was suffering from such a mental disorder which rendered him/her incapable of knowing the nature of the act. This article discusses the substantial, procedural, and evidential law on the defense of insanity in Pakistan in criminal cases in light of the judgments of the superior courts. Furthermore, this article discusses the recent developments in criminal law regarding the defense of insanity in Pakistan. The findings of this research hold implications for legislatures, jurists, judges, lawyers, psychiatrists, psychologists, forensic experts, and policy makers.