Adv. Rishabh Botadra. (Bombay High Court)
ABSTRACT
This paper explores Brain Electrical Oscillation Signature Profiling (BEOS), a technique developed by neuroscientist Champadi Raman Mukundan, which uses brain electrical activity to identify individuals involved in criminal activities. BEOS analyzes changes in brainwave patterns, such as the P300, in response to crime-related stimuli, or "probes." These probes include neutral, control, target A, and target B stimuli designed to examine the suspect's memory and involvement in a crime. This paper examines how BEOS functions, its potential applications, and the legal and ethical challenges it faces, with a particular focus on the Selvi v. State of Karnataka1 case. The case addresses the constitutional validity of using BEOS, polygraphs, and narcoanalysis in criminal investigations. The Supreme Court's decision ruled that compulsory use of such techniques violated the right against self-incrimination under Article 20(3) of the Indian Constitution. The judgment highlights the conflict between protecting individual rights and utilizing scientific methods for criminal investigations. The paper critiques the Court's decision, arguing for a balanced regulatory approach that ensures effective law enforcement while safeguarding constitutional rights.
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