Admissibility Of BEOS (Brain Electrical Oscillation Signature Profiling) Under The Bharatiya Sakshya Adhiniyam, 2023: A Critical Analysis

Abstract

The Constitution of India is introduced with four important words, i.e. Justice, Liberty, Equality and Fraternity. Therefore, all laws in India are to be introduced and implemented with respect to these four concepts. And hence, criminal liability in India can only be established if both actus reus and mens rea are proven in the court of law. To determine the involvement of an accused in a criminal offense, it is essential to prove or disprove their intention of committing that offense. By incorporating science into the legal field, Indian Evidence Act of 1872, and now Bhartiya Sakshya Adhiniyam, 2023 establish that neuroscientific evidence is admissible in the court of law. Among the various types of neuroscientific evidence, this research paper will focus on the latest and the most used neuroscientific evidence, viz. Brain Electrical Oscillation Signature Profiling, or BEOS. It will include the development and scientific mechanism of BEOS, as well as include other similar technologies. The paper will focus on the reliability of BEOS in criminal proceedings, and discuss the ethical concerns behind the usage of this technology with respect to Articles 20 and 21 of the Indian Constitution. The judiciary plays a pivotal role when admissibility of any evidence is concerned. It is essential to allow or deny any type of evidence that is or is not relevant to the case at hand. It is necessary to recognize the role of judiciary in determining the application and relevance of neuroscientific evidence (particularly BEOS) in various cases. Furthermore, Section 63 of Bhartiya Sakshya Adhiniyam, 2023 governs the admissibility of electronic records and digital evidence in the court of law. BEOS data outputs are included in electronic and digital evidence, although Brain Electrical Oscillation Signature Profiling (BEOS) is treated as corroborative evidence.