Home / Articles / Determination of unsoundness mind or lunacy of accused.

Determination of unsoundness mind or lunacy of accused.

Determination of unsoundness mind or lunacy of accused.

In this order, the procedure has been showed how to determine/procedure is to be adopted for the determination of unsoundness mind or lunacy of accused, in the court proceedings.

Instant application has been submitted on behalf of the accused u/s 464,465 and 466 PPC for postponement of trial of the accused, on lunacy basis and for his examination through medical board, for determination of lunacy/unsoundness of mind and his incapability of making defence on the ground that the counsel of the accused has been appointed by the court on state expenses; that during the meeting with the accused, it has been observed that the accused is unable to make his defence and thus he may kindly be referred to the medical board.

  1. The application has been resisted on behalf of the complainant on the ground that the accused is fit to stand trial.
  2. Arguments heard.  Record perused.
  3. At the time of production of the accused before the court, the court also observed the conduct of the accused.  The accused appears to be mentally disturbed, however lunacy/unsoundness of the mind of accused and his incapability of making defence or otherwise can only be ascertained after obtaining report from the medical board.
  4. The Hon’ble Supreme Court of Pakistan in a case reported as “Mst.Safia Banu Versus home Department Govt. Of Punjab through its Secretary and others” (PLD 2021 SC 488) was pleased to hold

we further hold that whenever the trial Court is put to notice, either by express claim made on behalf of the accused or through Court’s own observations, regarding the issue of incapability of accused to understand the proceedings of trial and to make his/her defence, the same shall be taken seriously while keeping in mind the importance of procedural fairness and due process guaranteed under the Constitution and the law”

Hence, keeping in view the metal condition of the accused, and the law on the subject, the accused is referred to Medical Superintendent Institute of Mental Health Lahore with a direction to get the accused examined from the medical board for determination of lunacy/unsoundness of mind of accused and his incapability of making defence or otherwise and to submit his report by the next date of hearing. Superintendent Central, Jail,  is directed to made arrangements to produce the accused before the Institute of Mental Health Lahore as early as possible.  To come up  for submission of report.    

About admin

Leave a Reply

Your email address will not be published.