Legal Analysis of Competency to Stand Trial in Pakistan

Abstract

The competence to stand trial is a legal concept that determines that a person having a mental disorder cannot be proceeded against in a criminal trial. Adjudicating such a person who is incapable of understanding the legal proceedings and assisting his attorney would violate his right to a fair trial. The incompetency to proceed results in the postponement of a trial subject to the fulfillment of certain criteria. The competency evaluation of an accused taking the plea of incompetency to stand trial is a sine qua non. This paper analyzes the law on the competency to stand trial in Pakistan using the doctrinal legal analysis approach. The findings of this paper suggest that the relevant law must be amended considering modern development in the field of mental health and law. Furthermore, there is a need to build the professional capacity of judges, lawyers, psychiatrists, psychologists, jail personnel, and interdisciplinary researchers.