DefinePK

Abstract

The defense of insanity is one of the most intricate and complicated defenses under the criminal legal system and often involves keen assessment of psychological and human rights concerns. This paper critically evaluates the existing legal framework governing the plea of insanity in Pakistan, with primary focus towards interpretation and jurisprudential evolution of Section 84 of the Pakistan Penal Code (PPC). Furthermore, the paper explores the procedural implications under the Criminal Procedure Code (CrPC), specifically pertaining to conducting trial of accused who are mentally unfit and the evidentiary provisions governing such trial under Qanun-e-Shahadat Order (QSO). Moreover, the paper assesses the constitutional implications, for instance, the right to a fair trial under Article 10A and safeguarding human dignity under Article 14 of the Constitution of Pakistan. Additionally, the paper deploys a comparative approach towards the subject, through analysing insanity plea frameworks existing in jurisdictions such as the United States, India and United Kingdom. The fundamental legal standards such as the M’Naghten Rules, Durham Rule, ALI Test, as well as the Insanity Defense Reforms Act would be examined at length. Through this perspective, the research aims to highlight the drawbacks existing in the forensics psychiatric infrastructure of Pakistan, judicial dependence on outdated medical standards, as well as the socio-cultural taboos attached with mental illness. Lastly, the paper concludes through proposing legal and institutional reforms for making sure that insanity defense framework in Pakistan’s judicial system is more just, scientifically-driven and humane.