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21 views5 pages

BEOS New

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nandithas175
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© © All Rights Reserved
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BRAIN ELECTRICAL OSCILLATION SIGNATURE (BEOS)

INTRODUCTION
Brain Electrical Oscillation Signature profiling is a technique developed by Dr. C.R.
Mukundan in the year 2003 after lot of research. This technique is currently been used
in a Forensic set-up to identify the presence of Experiential Knowledge in the
perpetrator of the crime. Knowing and Remembering are two Neurocognitive
processes, of which Knowing refers to the cognitive process of recognition with or
without familiarity, whereas Remembrance is the recall of episodic and
autobiographical details from a person’s life. Differentiation of neurocognitive
processes of recognition and remembrance have been established by numerous
studies. Recognition or Knowledge is a conceptual representation, acquired through
various means of communication and conceptualization. While Remembrance is the
neurocognitive process of bringing personal past to the present and thus involves
Personal Experience of an individual which was gained by personal participation. The
program of Brain Electrical Oscillation Signature Profiling does not measure
Knowledge but it measures remembrance of the Experiential Knowledge or
autobiographical information, which consists of awareness of internal processing or
remembrance, sensory-motor mental imageries associated with experience. The
electrical activity related to remembrance is called the “Signature” of the experience.
The process is defined as the retrieval of the Experiential Knowledge. The signature
will be present only if a remembrance can be evoked by the specially designed probes.
Absence of Experiential Knowledge results in the absence of the signature.
Experiential knowledge is facilitated by awareness of contextual details and emotional
arousal if present.

EVIDENTIARY VALUE OF BRAIN ELECTRICAL OSCILLATION SIGNATURE


PROFILING
Brain Electrical Oscillation Signature Profiling (BEOS) is a technique which had
been developed in the year 2003. The technology of BEOS is being currently used
in the Forensic Laboratories of Mumbai, Gandhinagar and Chandigarh and further
many more laboratories are planning to start this test. Currently, approximately 300
subjects have undergone the BEOS test for the cases in which they have been
suspected to be involved and in some of these cases, the Experts have been
summoned under Section 45 of Indian Evidence Act. Some of the judgments in
which this particular technique was considered in some way or the other have been
obtained through proper channels and further they have been analyzed
qualitatively.

APPLICATION
NSS and BEOS can be used to Screen interviewees for

 Crime (Murders, Rape, Theft, Fraud)


 Narcotics
 Poaching
 Radical training
 Smuggling
 Sentive Posts
 Illegal Immigration
 Plans to overstay

PRINCIPLE OF BRAIN ELECTRICAL OSCILLATION SIGNATURE PROFILING


Experimental Knowledge results in the primary encoding in the brain, which is
different from encoding of conceptual and symbolic information. The information
encoded during participation in an experience has deep rooted marking in the
brain. The conceptual knowledge is forgotten easily whereas experiential
knowledge is not forgotten. The emotional experience associated with it has a
lasting effect and representative memory in the brain. Experience is a sensory
motor phenomenon associated with perceptual interpretation of the emotion
evoked during the experience. The experiential knowledge is exclusive to the
individual who has participated in the incidence and cannot be found in any other
individual. Eliciting such experiential knowledge is indicative of the participation
of the individual in the act. Perpetrator of the crime carries in his brain such
information because of his experience of crime. Thus by electrical technique it can
be determined whether such experiential knowledge exists in the brain or not.

Brain Electrical Oscillation Signature Profiling (BEOS) is a technique for eliciting


evidence from the brain of a person of his experience of criminal actions
perpetrated by the person. By presenting appropriate probes, the awareness about
the experience can be activated. The activation gets reflected in the electrical
oscillation of the brain. The oscillations associated with the retrieval of awareness
of the experience may be considered a signature of the experience of the brain. If
the individual suspected to be involved in the crime has not participated in the act
in reality, the associated awareness of committing the crime will be absent an thus
there will be no such associated response of signature. The brain of such individual
will not produce the signature of the experiential knowledge when presented with
appropriate probes. The presence of electrical activation in the electrical oscillation
pattern of the brain indicates the presence of experiential knowledge in a person
about a crime or incident under investigation.

BEOS PROCEDURE:
 Preliminary interview with the Investigation Officer (I.O):

It would be better if the Investigating officer


visits the division with relevant documents such as F.I.R, Post- Mortem Report,
Crime Scene Sketch, Inquest Panchanama, Forensic Reports, if any, Photographs,
if available, Statement of the person to be examined and discusses the issues
required to be probed and can fix up the appointment for the same for bringing or
sending the person for examination. It is essential that the examiner is fully aware
of the facts about the case and the details of the interrogation carried out by the
investigation officer for preparing the probes. In this view, the above documents
become essential for preparing the probes.

 Preliminary interview with the suspect:

Detailed pre test interview of the suspect is


desirable before he is subjected for BEOS. This helps to have the feel of the person
and first hand assessment of the subject. It would help in directly knowing the
suspect’s version of crime and his role in the event to be tested. It also helps in
formulating the aims of the test, better selection of words to be used for developing
and designing probes in a systematic manner. The words/ phrases to be used as
probes are developed based on this interview and from the information gathered
from the Investigation Officer. The informed consent of the subject is taken before
subjecting him for BEOS. He is explained about the nature of the test, it outcomes
and the consequences. If the subject refuses to undergo the test at this stage, the
same is obtained in writing from him.

 Preparation of Probes:

The first step for designing the probes is to make a


list of possibilities for which evidence of experimental knowledge is sought from
the suspects/ accused. This list could be prepared based on the issues for which
evidence from the test is sought by referring agency. Secondly, the forensic
examiner formulates the possibilities and decides probes for which experimental
knowledge is sought from the subjects. Thirdly, the probes are designed based on
the contentions of the suspect/accused about the issues regarding which he
implicated or suspected by the Investigating Agency. The events which are
included for investigation are arranged in chronological order. The events includes
those which are denied by the subject as well as those which are confirmed or
agreed upon as events that took place with his knowledge and participation.
Important life events of the subject may also be included. Evidence from the tests
on such events will help to confirm the validity of the findings of the test. Items
having no personal relevance to the subject are also included as probes.

 Recording of Bioelectrical Activity:

An electro cap is used for affixing the electrodes over the scalp. The subject is
instructed to keep the eyes closed, while presenting the audio probes (stimulus
words) through a speaker system. 32 channels of EEG are recorded while subject
listens to the probes. The onset of each word of the probes provides an event mark
to the computer that records the EEG. No psychomotor or verbal response is
expected from the subject. Baseline EEG is recorded with the eyes open or closed.
Pictures related to the crime scene are presented for priming. Neutral words and
probes are presented while the subject is seated in a sound proof lab.
ADVANTAGE OF THIS TECHNIQUE
There is no need for the subject to cooperate with the investigation in terms of
response. This can be considered foremost advantage of the technique as suspect’s
right to remain silent is protected. The evidence is elicited without the subject’s
knowledge and cooperation, but with his willingness to take part in the test. Thus
the BEOS is unique to determine the presence of experiential knowledge in the
brain. It is sometimes different from P 300 and thus activation elicited in the form
of experiential knowledge is unique to the individual.

CONCLUSION
Brain Electrical Oscillation Signature Profiling (BEOS) is certainly a useful test as
an aid to investigation provided it has been conducted in a scientific manner. The
results of the BEOS test, if positive, and if supported by other direct or
circumstantial evidences can be accepted as corroborative evidence under Section
45 of Indian Evidence Act. If the result of the test are positive but are not
corroborated with other direct or circumstantial evidences, then they are not
substantive enough to convict an individual suspected of the charges of committing
the crime. If the tests of the results are negative, and if they are not supportive of
prosecution, the courts may consider that, the purpose for which the test was taken
has not been served. If the test results are negative, but there is other evidence
enough to prove the guilt of the perpetrator, the person would still get convicted.
Even if the test results are positive, they may not be submitted in court and hence
may not even be accepted as evidence.

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