# Not guilty because of unsound mind?

> 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.

- Topic: Criminal law
- For: Law students
- A 12-slide carousel: https://failegal.site/media/not-guilty-because-of-unsound-mind
- Published by FAI Legal on 2026-11-14

## 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)

## Three tests.

All three, together.

- **When** At the time of the act.
- **Why** By reason of unsoundness of mind.
- **What** He 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 rule** The 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 Court** Crl. 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.

- **Burden** On the accused to prove unsoundness at the time of the act.
- **Abnormal conduct** Is 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 illness** Is evidence, not the test.
- **Planning, hiding** Facts a court weighs on whether he knew the nature of the act.
- **Burden** Still 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 law** PPC section 84, a General Exception.
- **Apply 3 tests** Time, cause, incapacity to know.
- **Burden** On the accused, QSO Article 121.
- **Cite cases** Court, case number and date.

## The page to keep.

Revise it the night before.

- **Section 84** No offence if he could not know the act, or that it was wrong or unlawful.
- **Time** At the moment of the act.
- **Burden** On the accused (Art. 121).
- **Not enough** Odd 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?**

## Sources

- Pakistan Penal Code · Section 84: Act of a person of unsound mind

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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.

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