Navigating the Landscape of Insanity an Analysis of Criminal Responsibility of Lunatics

Abstract

The issue of criminal responsibility of lunatics is a vexing and intricate subject that has captivated legal scholars, psychologists, medical professionals, and society at large for centuries. It is central to the criminal justice system, as it determines whether an individual can be held accountable for their actions and subject to punishment. Pakistan has common law system inherited by United Kingdom. In this type of administration of justice, the burden of proving guilt of the accused lies upon the prosecution and the accused is presumed to be innocent until proven guilty. However, in certain conditions, the accused has to prove his innocence when the accused takes plea of defense. The law of insanity in Pakistan provides that when a person committed an offence under defective understanding or mental illness, he cannot be prosecuted. In addition, a comparative analysis will be conducted to juxtapose and compare the criminal responsibility of lunatics in various countries or jurisdictions. While legal systems differ in their approaches to criminal responsibility of lunatics, there is a growing recognition of the importance of addressing the mental health needs of individuals within the criminal justice system. The Research paper highlights the potential of exploitation of lunacy laws, the need for
legal reform and policy changes to ensure that individuals with mental illness or insanity are treated fairly and appropriately. The Research paper concludes that the criminal responsibility of lunatics is a complex issue that requires a nuanced approach.