Brain Science In The Courtroom: Assessing The Impact Of Neurological Abnormalities On Violent Offending And Legal Culpability
- IJLLR Journal
- 3 days ago
- 1 min read
Dr. Viral Dave, B.A, LL.M Human Rights, LL.M Business Law, SET (Law), Ph.D I/c. Principal – KES’ Shri Jayantilal H. Patel College of Law
Ms. Anushree Pratikkumar Bhatt, B.COM, LL.B. (Gold Medalist), LLM, Pursuing Ph.D Assistant Professor - KES’ Shri Jayantilal H. Patel College of Law
ABSTRACT
The rise of neurocriminology has challenged long-established assumptions about criminal responsibility. Advancements in functional neuroimaging, cognitive neuroscience, and forensic psychiatry have revealed that abnormalities in the prefrontal cortex, amygdala, paralimbic regions, and structural brain pathways are associated with heightened aggression, impulsivity, and violent offending. This paper critically examines the integration of neuroscientific evidence in criminal trials, focusing particularly on the Indian legal context. Drawing from Indian case law on insanity and mental incapacity, the controversial use of Brain Electrical Oscillation Signature (BEOS) analysis, and comparative international jurisprudence, the paper evaluates the reliability, admissibility, and ethical implications of brain-based evidence. It argues that while neuroscience can illuminate underlying vulnerabilities, it cannot determine legal culpability on its own. The study concludes that Indian criminal courts must develop structured admissibility standards and judicial training to prevent misuse while enabling legitimate scientific assistance.
