Mental health and criminal intent: A Pakistani perspective

https://doi.org/10.5281/zenodo.17576878

Abstract

The intersection of mental health and criminal intent is multifaceted in the Pakistani legal system, whose traditional concepts of mens rea in many instances lead to conflict with the modern concept of psychiatric illness. The case of Safia Bano indicated how important it is to have domestic laws in line with international human rights laws, especially concerning the treatment of mentally ill criminals. Although Pakistan is a signatory to the international conventions, its criminal justice system is still grappling with ineffective identification of psychiatric disorders, poor forensic strength, and conviction tests of insanity based on archaic law. This paper discusses the role of mental health in criminal intent in the Pakistani jurisprudence through examining the historical, theoretical, statutory, and practical challenges. It also takes into account the possibilities of reform based on comparative models and new scholarship. It is planned to offer contextually appropriate solutions to the harmonization of the criminal law of Pakistan with the current psychiatric science, justice, and protection of the rights of vulnerable people.

Keywords: challenges, historical context, laws, opportunities, theoretical context