Brain Mapping: A Critical Overview of its Applicability, Reliability and Validity in the Indian Criminal Justice System

Abstract

This paper examines the use of brain-mapping tests in the legal framework. The paper aims to draw a parallel between how criminal justice system and the psychology of a criminal works. This paper explains how the entire process of brain mapping test works and attempts to explain the procedure and the objectives achieved by this test. The paper also looks into the reliability of such tests in the real-world scenario, by providing a list of landmark judgments pronounced by Indian judicial system in this regard. The paper will also cover the aspect of ‘recidivism’ of criminals and how conducting brain-mapping tests might provide a solution. The paper will also explain the tussle between the need for an efficient judicial system and the protection of an individual’s fundamental rights.