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Introduction

It is a method of discovering whether a person is friendly with some information by gauging the activity
in the brain that is prompted by disclosure to selected stimuli. Brain mapping is also known as the “P-
300 waves test”.

The test of Brain mapping consists of examining and measuring ‘event-related potentials (ERP) i.e.
electrical waveforms emitted by the brain after it has absorbed an external event.

This whole test is based on the theory that whenever the person is exposed to some pictures, videos, or
words which contain some relevant (which are related to a crime scene or in any manner to a case) and
some irrelevant stimuli the examiner can record the functioning in his brain when the person is exposed
to these stimuli to which he is familiar with.

Brain Mapping

Brain-mapping works by measuring the electrical potential difference, which arises due to the neuronal
activity of the brain. Our brain reacts differently to various events. how it reacts to familiar events is
different from how it reacts to unknown events. The method used in India is also called the P-300 waves
test.

During the test, both familiar and unfamiliar auditory as well as visual stimuli are given and since the
brain reacts differently to the familiar one a pattern is observed, and accordingly, reports are made.

The invention of Brain Mapping

The technique of brain mapping was first invented by American neurologist Dr. Lawrence A. Farwell. An
expert in brain wave science, he called his technique ‘brain-wave fingerprinting’ or ‘brain mapping test.’

Dr. Farwell found that a MERMER (Memory and Encoding Related Multifaceted Electro
Encephalographic Response) is initiated in the accused when the brain recognizes information about the
crime.

Process and Working of Brain Mapping

In this test, the subject is first interviewed and interrogated to find out whether he is concealing any
information. The person to be interrogated is made to wear a headband with sensors to measure
electrical brain responses.

The encephalography equipment that has many multiple electrodes are connected to the scalp by using
gel and thereafter the map of the brain can be taken by the neurosurgeons to study the brain map
which records the electrochemical activity of the brain.

Computers analyze the brain wave responses and determine whether facts relating to the crime are
stored in the suspect’s brain. The activation of the brain is based on associated memory and is carried
out by presenting a list of words to the subject.

Types of words used for Brain Mapping Test

There are three types of words in the list used for the Brain Mapping Test:

• Part I consisted of neutral words, which have no direct relationship with the case.

• Part II consists of probing words directly related to the case and suspects to elicit concealed
information, which all suspects have had the opportunity to come to know during events related to the
case.

• Part III consists of targets, which are not part of the first two parts. The words in this part are based on
confidential findings which suspect does not know.

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The recording of this test is done by acquiring the response through 32 channel EEG-ERP Neuro Scan
cording system.

The conclusion is drawn by experts after the test has been conducted and the map is derived. The test
indicates the possession of the knowledge about the relevant issue which is helpful in the investigation
of the case.

Reliability of Brain Mapping

Brain-mapping is surely an advanced method of investigation, apart from being technologically
advanced it also is helpful in various ways. But again, like other methods brain-mapping has also certain
drawbacks:

• Since brain-mapping can only be used to measure knowledge, awareness of an individual with certain
visual or audio may lead to suspicion.

• There is a lack of information regarding the impact of criminal scenes on television, media, or movies.
Such memories may also hamper the process of brain-mapping, therefore such a method might not be
used as a method to prosecute someone but can be used as a method to prove one’s innocence.

• Research and studies are going on regarding the functional use of brain mapping imaging, but such
researches are inconclusive and therefore the researchers have opined against producing brain-mapping
results as a piece of evidence in the court.

Brain mapping in India

The Apex court overruled various High Court Judgments and decided that the use of Narco Analysis,
polygraph, and Brain Mapping Tests violated the subject’s right against self-incrimination in
contravention to Article 20(3)the of Indian Constitution.

According to the various judgments given by High Courts regarding this matter, it can be inferred that
only if a statement made is incriminating in nature and then used as evidence in court could lead to a
violation.

The Supreme Court dropped all these judgments and decided that compelling a person to go through
these deception detection tests will automatically amount to the requisite compulsion, despite the
absence of physical harm done to the administering during the test.

Landmark cases in Brain Mapping Test

1. Dr. Rajesh Talwar and Another v. Central Bureau Investigation [Criminal Appellate Jurisdiction
Transfer Petition (CRL.) No. 45 of 2012]

The victim Arushi, a 14-year-old school girl was dead in her home. The reports were filed in the police
station on the information given by the victim‘s parents. The suspect in this case of the murder of the
victim was the maid in the house whose name was Hemraj. After two days after the death of their
daughter, the servant Hemaraj was found dead on the terrace of the same building.
Arushi’s (the Victim‘s) parents were arrested by the police. Narco-Analysis test, Polygraph test, and Brain
mapping test were conducted in this case against the will of the accused persons i.e. the accused
persons.

2. Hathras case

On Sept. 29, 2020, a 19-year-old woman died of injuries after she was allegedly gang raped by a group of
men in a field in Hathras district, in the north Indian state of Uttar Pradesh. She was a Dalit, a member of
a community at the bottom of India’s rigid caste hierarchy, while the four alleged perpetrators, who
have been arrested and charged with murder and rape, are members of a dominant upper caste.

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The four accused in the alleged gang rape and torture of a young Dalit woman in Uttar Pradesh’s
Hathras undergo a lie-detector test and brain mapping at Forensic Science Laboratory in Gandhinagar.

3. Dinesh Dalmia v State 2006 CriLJ 2401

The Court observed that where the accused had not allegedly come forward with the truth, the scientific
tests are resorted to by the investigation agency. Such a course does not amount to testimonial
compulsion.

Conclusion

How modern-day criminals make use of science and technology in perpetuating their criminal activities
with relative impunity has compelled rethinking on the part of the criminal justice establishment to seek
the help of the scientific community come to the help for the Police, Prosecutors, and Courts.

The absence of a national policy in criminal justice administration in this regard is felt to be a serious
drawback. If the judge must see no innocent is punished then he must also ensure that no guilty man
escapes. Both are public duties, so there is no violation of individuals’ rights. This polygraph, Brain
Mapping, and the Narco Analysis test play a vital role in the Indian Evidence Act.