The Rule of Insanity: Pakistani Statutory Provisions & Case Law

Abstract

The law of insanity passes through evolutionary phases of development. The credit of developing the concept goes to the western scholars and courts in England and United States. Of course the concept evolved from Mac Naughten Rule & Wild Beast Test but in United States the well celebrated case is Durham Rules wherein many odd principles enunciated by the Mac Naughten Rules were overridden and it was principally agreed and admitted by the Courts in West that Mental Illness is a good ground for an accused. The law of Insanity in Pakistan is inherited from British Regime and although the concept of mental defect and illness was not much recognized by Pakistani Courts but with the passage of time this concept was developed here. In this paper we will analyse the concept and judgments of the superior courts in Pakistan.