LAW AND EMERGING

TECHNOLOGY
PSDA

BRAIN MAPPING

SUBMITTED BY:
Garima Sharma (07617703815)
Kushagra Varma (10617703815)
Madhulika Singh (10917703815)
 BRAIN MAPPING
The brain is one of the most complex and magnificent organs in the human body. Our brain
gives us awareness of ourselves and of our environment, processing a constant stream of
sensory data. It controls our muscle movements, the secretions of our glands, and even our
breathing and internal temperature. Every creative thought, feeling, and plan is developed by
our brain. The brains neurons record the memory of every event in our lives. Generally, the
neural activity of the human brain starts between the 17th and 23rd week of prenatal
development. It is believed that from this early stage and throughout life electrical signals
generated by the brain represent not only the brain function but also the status of the whole
body. This assumption provides the motivation to apply advanced digital signal processing
methods to the electroencephalogram (EEG) signals measured from the brain of a human
subject.

QEEG was introduced in the 1970’s as an experimental testing modality of brain-wave

recordings; initially it was introduced in order to complement the usual visual inspection of
the electroencephalogram. 1Quantitative studies of EEG and evoked response, including
spectral analysis and topographic mapping, are becoming increasingly popular in clinical
practice. Recent studies have shown these techniques to be useful in cerebrovascular disease,
epilepsy, headaches, mass lesions, and head injuries. QEEG involves computer-assisted
imaging and statistical analysis of the EEG for detecting abnormalities, assisting the physician
in making a diagnosis, and other purposes relating to patient care. Brain mapping is a set
of neuroscience techniques predicated on the mapping of (biological) quantities or properties
onto spatial representations of the (human or non-human) brain resulting in maps. According
to the definition established in 2013 by Society for Brain Mapping and Therapeutics (SBMT),
brain mapping is specifically defined, in summary, as the study of the anatomy and function
of the brain and spinal cord through the use of imaging, immune-histo-chemistry, molecular
and optogenetics, stemcell and cellular biology, engineering, neurophysiology and
nanotechnology.

All neuroimaging can be considered part of brain mapping. Brain mapping can be conceived
as a higher form of neuroimaging, producing brain images supplemented by the result of

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additional (imaging or non-imaging) data processing or analysis, such as maps projecting
(measures of) behavior onto brain regions. One such map, called a connectogram, depicts
cortical regions around a circle, organized by lobes. Concentric circles within the ring
represent various common neurological measurements, such as cortical thickness or
curvature. In the center of the circles, lines representing white matter fibers illustrate the
connections between cortical regions, weighted by fractional anisotropy and strength of
connection. Brain mapping techniques are constantly evolving, and rely on the development
and refinement of image acquisition, representation, analysis, visualization and interpretation
techniques. Functional and structural neuroimaging are at the core of the mapping aspect of
brain mapping.

How Brain Mapping Works?

Neuroinformatics places all the data we have on the brain on the Internet in usable form. The
data include images, models of neuron behavior and maps of the genes that are "turned on" in
different brain regions. By making the data sharable and searchable, brain researchers can
piggyback off of one another's studies and discover more.

Engineers are writing software to help brain researchers share and compare data. Software
now analyzes, for instance, whether MRIs of Alzheimer's patients with different brain sizes
and shapes have similar brain features. Are men with a certain brain architecture predisposed
to bipolar disorder? This question, and many others, may one day be answered by computer
programs that re-analyze images of past patients rather than by studying new ones.

Here are examples of brain atlases that researchers can mine for answers:

 Allen Mouse Brain Atlas: The mouse brain expresses 21,000 genes. Researchers
sliced up the brain and stained where each gene is expressed. Visitors can look at
photos or 3-D models of the brain for their gene of interest

 Allen Human Cortex Atlas: Our cerebral cortex allows us to think, reason and
remember. Researchers have sliced this up as well. They have also stained where
1,000 genes -- and counting -- are expressed. You can even surf the pictures

 Whole Brain Atlas: Stores images of the human brain as it ages and fights diseases. 2

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 Uses of Brain Mapping?

Why would scientists take on the arduous task of brain mapping? The answer is simple, says
Lichtman: to understand our brains more intimately. We have never seen a diagram of how
all of the neurons in the brain connect. As Jeff Lichtman puts it, "A lot of our thinking about
the brain is based on incomplete knowledge of what is actually there. So we would like to see
what is actually there."

The brain's wiring diagram may help us better understand how we learn and adapt, says
Lichtman. "We start out being less well adapted to our environment than any other animal.
By the time we're adults, we can use tools that our genetic heritage couldn't possibly have
taught our nervous system to use -- like iPods. No other animal can do that. During our
development, we must wire ourselves to use these machines."3 Brain mapping is also of
practical use to doctors. Neurosurgeons use brain mapping to plan safer surgeries. One
treatment for epilepsy, for example, removes the affected part of the brain. Using functional
MRI and EEG, surgeons can locate the seizure center in a patient's brain -- as well as areas
that are active during speaking and moving -- down to the millimeter. These images tell
doctors what to leave and what to cut out. Brain imaging is not only used in treatment. It is
used to diagnose neurodegenerative diseases like Parkinson's and Alzheimer's . Using tagging
techniques like PET, doctors look for drops in certain brain chemicals, or they may use MRI
to examine shrinkages in areas show tissue loss. Over time, doctors can map what the brain
looks like as diseases progress or as treatments work. Developmental disorders
like autism may have a structural basis in the brain. Lichtman points out that autism is
thought to involve a series of wrong connections between neurons. By applying Brainbow to
a mouse with autism, researchers might see the wiring diagram evolve to find out how, when
and if the wiring goes wrong. Scientists have also sought to illustrate the effects of various
mental illnesses in the brain, with some success. Brain imaging on these patients revealed
structural abnormalities. For example, structural MRI has shown that schizophrenic patients
lose matter in the temporal and prefrontal cortex over time.

Role of Judiciary

1. Santokben Sharmanbhai adeja v. State of Gujarat, 2009 (Guj)

The Court adjourned the matter at the instance of the learned Senior Advocate
appearing on behalf of the petitioner so as to enable the petitioner to move an
appropriate application before the Hon'ble Supreme Court for transfer of the

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/science.howstuffworks.com/life/inside-the-mind/human-brain/brain-mapping
present proceedings and on the last occasion it was also agreed by the learned
counsel appearing on behalf of the petitioner that if no orders are obtained he
will proceed further with the matter and make submissions on merits. The
petitioner is not desirous of submitting an appropriate application for transfer
before the Hon'ble Supreme Court and that is how this Court has taken up the
matter and considered the same on merits. It is also required to be noted that
conducting/performing of the aforesaid two tests are timely requirement, more
particularly during the course of the investigation and even if after the period
of 6 months or so and/ or after a long time, the said test are permitted to be
performed, the purpose for which the said tests are required would be
frustrated. If the said tests are not permitted to be performed at an appropriate
time and stage, the same would defeat the purpose for which the said test is
required to be performed i.e. to find out the truth to reach the real culprit and
to further investigate the case. There are so many proceedings pending in the
State involving serious offences like Saurabuddin encounter case and the
murder of his wife Kausharbibi and others. Where the questions with regard to
conducting/ performing of the Brain Mapping Test is involved and in some
cases the Investigating Agency have found themselves in dark and clueless,
there is necessity of conducting the Brain Mapping Tests and the proceedings
are pending at different stages before the different Courts i.e. either at the stage
of learned Magistrate and/ or Revisional Court and or before this Court and
therefore, this Court has considered the case on merits.

2. (Nandini Satpathy v. P. L. Dani, AIR 1978 SC 1025)

Merely conducting of or performing of the Brain Mapping Test on the accused

would not take away the protection guaranteed under Article 20(3) of the
Constitution of India and the said aspect is not required to be considered at the
time of performing or conducting the Brain Mapping Test and only when the
statement which has been recorded during the course of the Narco Analysis
test, if it is used against the person as evidence at that stage, the same is
required to be considered. Therefore, the question of consent at the stage of
conducting/ performing the Brain Mapping Test is not required to be
considered. As stated hereinabove, conducting /performing of the Brain
Mapping Test is a part of investigation and for the investigation by the
Investigating Agency the consent of the accused is not required, otherwise the
Investigating Agency will not be in a position to further investigate the case, if
the consent of the accused is required. At this stage, it is also required to be
noted that the accused has not allegedly come forward with the truth and
therefore, scientific tests are resorted to by the investigation agencies.

When the accused/person has not told the truth during the investigation,
naturally, that accused/ person would not be voluntarily giving consent for the
Brain Mapping Tests as he is always apprehensive that if the Brain Mapping
Test is conducted then the same might go against him therefore, he is bound to
not give consent. Even it is not expected from a person/ accused to give
consent for the Brain Mapping Test when he has not come forward with the
truth. As stated above the Brain Mapping Test is a scientific methods of
investigation and is the part of investigation. There is no provision under the
Criminal Procedure Code to have the consent of the accused before or during
the investigation. It is also to be noted that before subjecting the accused to
Narco Analysis Test his/her mental fitness will be ascertained and thereafter
only accused will be subjected to Narco Analysis Test. The dosage level
required to take a person to the hypnotic stage is found to be 3-4 times smaller
than those required for stages beyond. Therefore, this low concentration of the
drug used in the said test will

not have an4y adverse effect on any system of the body. Necessary precautions
are always taken by the medical experts at the time of examination and the
doctors and anesthetists and the experts are present at the time of conduction/
performing such test.

What does "compelled testimony" Mean- The phrase 'compelled testimony'

must be read as evidence procured not merely by physical threats or violence
but by psychic torture, atmospheric pressure, environmental coercion, tiring
interrogative prolixity, overbearing and intimidatory methods and the like not
legal penalty for violation. So, the legal perils following upon refusal to
answer, or answer: truthfully, cannot be regarded as compulsion within the
meaning of Article 20(3).

3. 2006 Mumbai Serial Blasts —Identification of clues in terrorist

mind.—
In the case of serial blasts in sub-urban trains of Mumbai on 11th
July, 2006 (i.e., 11/7 serial blasts) the Anti-Terrorism Squad (ATS)
of Mumbai Police had sought permission from the Court for
conducting lie detection, brain mapping and narcoanalysis tests on
the arrested suspects, viz., Kamal Ahmad Ansari, Mumtaz
Maqbool Chaudhary, Faizal Sheikh, Mujammil Sheikh, Dr.
Tanveer Ansari, Sohail Sheikh, Jameer Sheikh, Kalid Aziz Sheikh
and Etesham Siddiqui. It is believed that the suspected persons
have link with Laskhar-e-Toiba, a banned outfit. The tests would
be conducted at Bangalore and it was proposed that the tests would
be conducted first on Kamal Ansari, the prime suspect. In the
incident about 200 persons were killed and over 600 persons were
injured

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 4. Terrorist 5attack at Indian Institute of Science (IISc),
Bangalore
Disclosure of facts by terrorist.—On December 28, 2005 a terrorist
attack was made at Indian Institute of Science (IISc), Bangalore.
The arrested suspect Abdul Rehman alias Raizur-Rehman was
subjected to nacroanalysis and brain mapping tests and he had
admitted that he met the Laskar-e-Toiba top brass including Abdul
Rehman Makki, Abdul Aziz, Abu Hamza etc. while he was in
Saudi Arabia. He also admitted that he had worked for Hizbul
Mujahideen. He also admitted his visit to Dhaka in 2003, earlier
for which he had denied. He also disclosed that Naveed and
Naushad had conducted the terrorist attack. Naveed is supposed to
be Ghulam Yezdani like Rahman who native of Nalgonda, Andhra
Pradesh and who operates from Saudi Arabia and Bangladesh for
Harkat-ulJehadi-Islami.

5. Bechu Rehaman’s case—Seeking for test

Narcoanalysis, brain mapping and polygraphic tests on Bechu
Rehaman, an accused of Sabarimala Thantri Kandararu
Mohanararu assault case was refused by Ernakulam Court on the
ground that accused was not physically fit to undergo the test. He
was remanded to judicial custody after 9 days’ police custody. The
case is related to the assault by Bechu Rehaman by means of
manhandling, forcible photography with a woman and threatening
of Sabarimala of Lord Ayyappa temple.

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Conducting Scientific test on accused
Huge amount has allegedly been misappropriated by the accused and the
investigating agency is completely in the dark as to the end use of such a huge
amount siphoned off by the accused. The Investigating Officer did not use
third decree methods to extract incriminating materials through the mouth of
the accused. Only a scientific test on the accused is prayed for by the
respondent complainant. That the accused will face health hazard and his
physical frame will be endangered if he undergoes such scientific tests are
totally without any scientific basis. As rightly pointed out by the learned
counsel for the respondent, the scientific tests are like taking MRI or CT Scan.
The scientific value of such tests and the credibility thereof will have to be
evaluated only during the course of trial. Unless such tests are conducted, the
investigating agency may not be in a position to come out with clinching

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6
 testimony as against the petitioner. Subjecting an accused to undergo such
scientific tests will not amount to breaking his silence by force. He may be
taken to the laboratory for such tests against his will, but the revelation during
such tests is quite voluntary. Therefore, such process does not amount to
compelling a witness to give evidence as against him.

Under Section 167 of the Code of Criminal Procedure, the learned Additional
Chief Metropolitan Magistrate, Egmore, Chennai has power only to remand
the accused under police custody for a total period of 15 days. Here in this
case, the police custody was already granted for 14 long days. Now the
respondent has not sought before the learned Additional Chief Metropolitan
Magistrate, Egmore, Chennai, to give the accused to police custody for further
interrogation. The respondent has only sought a permission to conduct three
types of scientific tests and also a direction to the Superintendent of Central
Prisons, to produce the accused to undergo such test Such a prayer will not
amount to seeking for police custody of an accused for further interrogation.
Therefore, the legal submission made by the learned senior counsel for the
petitioner with regard thereto stands rejected.

Brain Mapping is one more valuable scientific tool for investigation of crimes. Brain Mapping
is also known as Late Positive Complex or P3 or P300. It is a component of averaged brain
potentials. In this test no questions are asked from the accused. He is made to sit in evoked
potential recording machine and is shown objects relating to crime scene or is made to hear
sounds pertaining to crime site. The sensors from his head pick the event related potentials in
the form of Brain Mapping only if the person has been at the site of crime. The accuracy of
Brain Mapping is almost 100%. Brain Mapping is a response of the brain to a stimulus which
is shown to the subject. In 1965, scientists were working on the research of Event Related
Potentials and it was discovered by Sutton and his colleagues. It is very robust Event Related
Potential. As soon as it recognizes the stimuli it sends the reaction within 300 milliseconds of
seeing the stimuli. If the person is attentive to the stimuli its response would be the fastest. If
more time is taken for making decision the more time is spent for the responses of P300. Its
latency shows the amount taken by it in arriving at a decision . When the brain recognizes a
person or a sound, it produces a precise electric wave which is called P30028.7 In this test
sensors are attached to the head of the subject and the subject is seated before a computerized
monitor. The sensors catch the electrical activity in the brain and record P300 wave, which is
produced only if the subject has some correlation with the pictures shown to him and the
sounds which he is made to hear. Brain fingerprinting device was invented by a U.S. scientist
Dr. Lawrence A. Farewell in early 1970’s. He is former faculty of Oxford University. He is
the Chief Scientist and President of the Human Brain Research Laboratory founded by him in
1991. According to him, centre of every activity is brain and it not only plans activities but

7
Bimaldeep Singh, “Scientific Techniques of Obtaining Evidence”, Law Journal of Guru
Nanak Dev University, Vol. XVII p 92
orders for its extension. Processing of known information like elements relating to the crime
deposited in the brains is exposed by identifiable pattern in the Electroencephalogram outline.
“Technically explaining, Brain Mapping involves confrontation with a stimulus of special
significance with electric signal known as P300 emitted from individual’s brain, beginning
approximately 300 million milliseconds after the confrontation. Since it is based on EEG
signals and graphs, the system does not require the subject speak at all and he in way
continues to exercise his right to keep silent. The suspect wears a special hair band with
electronic censor that measure the EEG from several locations on the scalp.” The subject
views on the computerized screen or even directly anything consisting of words phrases,
picture etc.8

Advancement Of Technique in India

Dr. Farewell patented his technique of brain mapping in U.S.A. in 70s which was projected to
be as a major breakthrough in Forensic Science as it involves and formulates probes, i.e.,
Keywords, or phrases or pictures collected and related to the crime arc mixed with irrelevant
words and pictures and is flashed on screen and the subject is called to press button on the
correct option. But the difficulty arises when the suspect presses wrong button or does not
press any button at all. To meet this error Dr. Mukundan of Brainex (Brain Experience)
Company at Bangalore has designed a special software called “Brain Electrical Activation
Fingerprinting”. It is said to be modi lied version of Dr. Farewell’s techniques. In this
technique the entire crime scene is created and is shown that the suspect and his or her
reactions are recorded. There is another change sometimes information is gathered from
frontal lake of brain and sometimes from posterior to be sometimes vice versa. However, this
technique cannot be used on mentally ill or heavily alcoholic suspect and may not be helpful
in cases of habitual criminals. But according to Dr. Mukundan. “it is so specific that one can
even find out how much money was paid to a contract killer or what called him up the day
before the killing”.

Critical Analysis of Brain Mapping

1. This test has its own limitations. The test is conducted by a human being and it
is possible that they fail to fully and truthfully analyze the brain wave.
2. An innocent person who has not committed the crime but has only witnesses
of wound also react to the stimuli. Similarly, a person may be aware of the
crime due to details published in media and the brain may store it. In that case
also there chance is that the innocent can also be found guilty. Therefore, this

8
Deswal, Rajbir. “Supreme Court Ban on Narco test”, The Tribune , 9 May 2010.
 tests utility is only to imprint the subject’s brain, which makes it clear that the
subject is innocent.
3. This technique is also criticized on the ground that it is violation of brain
privacy. By this a person loses his right to keep his thought to himself.
4. This is also not useful in case of a person who loses his memory, e.g., old
people easily lose memory and therefore can brain mapping on an old man
accurately work? Similarly, a person suffering from deficiency in memory can
exit normal p-300 brain waves?
5. The six-member committee headed by National Institute of Mental Health and
Neuro Sciences (NIMHANS) Director Dr. Nagraj34 -concluded that Brain
Mapping is unscientific and should not be used as an tool of investigation and
an evidence adduced through brain mapping should be made inadmissible in
Courts. 9He also said there is requirement of a methodical, systematic and
meticulous examination of the procedure as it lacks ascertained principles.

9
Raghava M., “Panel: Stop using brain mapping as an investigative tool and evidence”, The
Hindu. Saturday, September 6, 2008.