“Plea of Insanity” as a Defense in Pakistan (Analysis of the Celebrated Judgments of Superior Courts)
Ashraf Ali, Muhammad Saleem
Abstract
Pakistan has common law system inherited by United Kingdom. In this type of administration of justice, the burden of proving guilt of the accused lied upon the persecution and accused is presumed to be innocent until proven guilty. However in certain condition, accused has to prove his innocence when the accused take plea of defense. The law of insanity in Pakistan provides that when a person committed an offence under defective understanding or mantel illness, he cannot be prosecuted.
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