Between Cognition And Coercion: Legal And Ethical Limits Of Neuro-Forensics In India
Anusha Meher, BBA LLB (Hons.), University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, Delhi
ABSTRACT
Neuro-forensics stands at the convergence of neuroscience and criminal law and employs techniques such as narco-analysis, polygraph tests and brain electrical oscillation signature profiling to understand cognition and intent. While these methods offer investigative promise, their scientific validity remains largely contested among researchers. Moreover, these tests raise profound questions of constitutional and ethical concerns. Indian judgments have emphasized that such tests cannot be compelled and that any results obtained involuntarily are inadmissible as they violate the rights to self- incrimination, mental privacy and personal liberty under Articles 20(3) and 21 of the Constitution. Even voluntary tests require stringent safeguards. This paper examines the nature, admissibility, and limitations of neuro- forensic techniques in India, highlighting key ethical dilemmas and judicial view-points. Indians needs to adopt a balanced approach keeping fundamental rights at par with scientific innovation.
Keywords: Naro-analysis, Neuro-forensics, Scientific Tests, Self- incrimination, Privacy
