Criminal law · For law students
Not guilty because of unsound mind?
In short
Nothing is an offence if, at the time, unsoundness of mind left the accused unable to know the nature of the act, or that it was wrong or against the law. The burden is on the accused (Article 121, Qanun-e-Shahadat), and the Supreme Court has held that abnormal conduct alone is not enough.
By the FAI Legal editorial desk · 14 November 2026 · 12 slides · 2 min read
Only if he could not know.
Pakistan Penal Code, section 84.
“Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.”
Pakistan Penal Code · Section 84, Act of a person of unsound mind
Three tests.
All three, together.
- WhenAt the time of the act.
- WhyBy reason of unsoundness of mind.
- WhatHe could not know the nature of the act, or that it was wrong or against the law.
Who must prove it?
Qanun-e-Shahadat, Article 121.
- The ruleThe accused proves a General Exception. The court presumes it absent.
- Illustration (a)An accused of murder says unsoundness of mind: the burden is on him.
- Supreme CourtCrl. P. 420 of 2016, 7 Jan 2021: the onus is on the defence.
Odd behaviour is not enough.
Supreme Court of Pakistan, Appeal 49 of 1995, 27 May 1998.
- BurdenOn the accused to prove unsoundness at the time of the act.
- Abnormal conductIs not, by itself, what section 84 covers.
Quick quiz. Section 84?
Guess first, then swipe for the answer.
- A. Yes, the past illness is enough
- B. No, the test is his mind at the time
- C. Yes, if a doctor says so
Answer: B. At the time.
The section asks about his mind when he acted.
- Past illnessIs evidence, not the test.
- Planning, hidingFacts a court weighs on whether he knew the nature of the act.
- BurdenStill on X.
Myth or fact?
A common exam trap.
- Myth: Any mental illness means acquittal.
- Fact: Only unsoundness that left him unable to know the act, or that it was wrong or against the law, at that time.
Exam answer frame.
Four moves for a problem question.
- State the lawPPC section 84, a General Exception.
- Apply 3 testsTime, cause, incapacity to know.
- BurdenOn the accused, QSO Article 121.
- Cite casesCourt, case number and date.
The page to keep.
Revise it the night before.
- Section 84No offence if he could not know the act, or that it was wrong or unlawful.
- TimeAt the moment of the act.
- BurdenOn the accused (Art. 121).
- Not enoughOdd or abnormal conduct alone.
Studying criminal law?
Ask FAI to explain a section with the cases.
- Explain section 84 PPC with the burden of proof.
- What is the difference between abnormal conduct and legal insanity?
Example questions
Sources
- Pakistan Penal Code · Section 84
Act of a person of unsound mind Pakistan Code
Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.
