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By:

Quaid Najmi

4 January 2025 at 3:26:24 pm

President takes prompt cognizance

Mumbai: President Droupadi Murmu has taken immediate cognizance of a plea pointing at grave insults to the Indian Tricolour (Tiranga) in pubs and hotels, violations to the Flag Code of India, 2002, in the name of celebrating Republic Day and Independence Day. Pune businessman-cum-activist Prafful Sarda had shot off a complaint to the President on Jan. 26 but was surprised to receive a response from her office in less than 72 hours. Under Secretary Lakshmi Maharabooshanam in the President’s...

President takes prompt cognizance

Mumbai: President Droupadi Murmu has taken immediate cognizance of a plea pointing at grave insults to the Indian Tricolour (Tiranga) in pubs and hotels, violations to the Flag Code of India, 2002, in the name of celebrating Republic Day and Independence Day. Pune businessman-cum-activist Prafful Sarda had shot off a complaint to the President on Jan. 26 but was surprised to receive a response from her office in less than 72 hours. Under Secretary Lakshmi Maharabooshanam in the President’s Secretariat at Rashtrapati Bhavan, replied to Sarda on forwarding his complaint to the Ministry of Home Affairs for necessary action. It further stated that action taken in the matter must be conveyed directly to Sarda. “It’s a pleasant surprise indeed that the President has taken serious note of the issue of insults to the National Flag at night-clubs, pubs, lounges, sports bars and other places all over the country. The blatant mishandling of the National Flag also violates the specially laid-down provisions of the Flag Code of India,” said Sarda. He pointed out that the Tricolor is a sacred symbol and not a ‘commercial prop’ for entertainment purposes to be used by artists without disregard for the rules. “There are multiple videos, reels or photos available on social media… It's painful to view how the National Flag is being grossly misused, disrespected and even displayed at late nights or early morning hours, flouting the rules,” Sarda said. The more worrisome aspect is that such transgressions are occurring openly, repeatedly and apparently without any apprehensions for the potential consequences. This indicates serious lapses in the enforcement and supervision, but such unchecked abuse could portend dangerous signals that national symbols can be ‘trivialized and traded for profits’. He urged the President to direct the issue of stringent written guidelines with circular to all such private or commercial outlets on mandatory compliance with the Flag Code of India, conduct special awareness drives, surprise checks on such venues and regular inspections to curb the misuse of the Tricolour. Flag Code of India, 2002 Perturbed over the “perceptible lack of awareness” not only among the masses but also governmental agencies with regard to the laws, practices and conventions for displaying the National Flag as per the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971, the centre had brought out the detailed 25-page Flag Code of India, 2002. The Flag Code of India has minute guidelines on the display of the Tricolour, the happy occasions when it flies high, or the sad times when it is at half-mast, the privileged dignitaries who are entitled to display it on their vehicles, etc. Certain violations attract hefty fines and/or imprisonment till three years.

BEOS Profiling: When the Brain Reveals More

A non-invasive scan that reads brainwaves to reveal whether a suspect lived the crime or merely heard about it.

Brain Electrical Oscillation Signature (BEOS) profiling is an advanced, non-invasive forensic psychological investigative technique that analyses the neurological signatures of suspects to detect experiential knowledge related to a crime. Unlike traditional lie detection methods that rely on physiological responses such as respiration rate, galvanic skin response (GSR), or heart rate, BEOS focuses on brainwave patterns. It uses auditory or visual stimuli connected to the crime to trigger autobiographical memory, assessing whether the individual has directly experienced the event.


The technique was developed by Dr. C.R. Mukundan, a neuroscientist and former head of clinical psychology at the National Institute of Mental Health and Neurosciences (NIMHANS), Bangalore. BEOS has since been used in numerous forensic investigations across India as a supplementary tool for assessing a suspect’s role in criminal cases. A key figure in advancing and applying this technology is Prof. Dr. Asha Srivastava, a prominent forensic psychologist and currently the Dean of Behavioural Forensics at the National Forensic Sciences University (NFSU), Gandhinagar. Her work has contributed significantly to the practical implementation and academic understanding of BEOS in forensic investigations.


BEOS has been instrumental in both convictions and acquittals. In the 2008 Pune murder case of Udit Bharati, BEOS testing of Aditi Sharma revealed experiential knowledge of poisoning the victim, supporting the prosecution and contributing to her conviction.


In contrast, a 2018 POCSO case in Ahmedabad demonstrated BEOS’s role in revealing possible innocence. A municipal school teacher was accused of raping a minor, but BEOS results showed no experiential knowledge of the crime. Instead, the profiling revealed sequential knowledge, indicating he was possibly falsely implicated. Supporting the findings were inconsistent victim statements, a lack of corroboration from classmates, and a constable’s observation that the child was coached by her family. Polygraph and narcoanalysis also indicated innocence. The court granted conditional bail, with Justice J.B. Pardiwala recognising the scientific input as vital in preventing injustice based on unverified allegations.


Another major case involving BEOS was the Abdul Karim Telgi stamp paper scam, one of India’s biggest financial frauds. BEOS was used to evaluate Telgi’s brain responses during questioning, helping investigators assess his experiential knowledge of the counterfeit operation.


Despite its usefulness, BEOS has raised legal and ethical concerns. In the 2010 Supreme Court case Selvi & Ors v. State of Karnataka, it was ruled that no one can be forced to undergo self-incriminating tests, as it would violate Article 20(3) of the Indian Constitution, which guarantees the right against self-incrimination. BEOS falls under this protection. However, the court allowed its use if a suspect consents voluntarily, without coercion or inducement. Even then, test results are only corroborative evidence, not standalone proof, unless they lead to discovering new facts or material evidence.


BEOS is actively used by Indian forensic institutions like the Directorate of Forensic Science Service (DFSS), State FSLs, and National Forensic Sciences University (NFSU), Gujarat. Meanwhile, international organisations such as Interpol, UNODC, and UNICEF stress the need for strict ethical standards and well-defined Standard Operating Procedures (SOPs) when using such technologies. They advocate protecting human rights, personal dignity, and data privacy, especially in legal systems where such tools may heavily influence outcomes.


BEOS Profiling marks a transformative development in forensic science, offering a unique approach to detecting crime-related experiential knowledge. While its applications have shown value in high-profile cases, it requires strict legal and ethical oversight. Moving forward, balancing technological innovation with the protection of individual rights will be crucial to its continued role in the justice system.


(Dr. Kumar is a retired IPS officer and forensic advisor to the Assam government. Boruah is a student of National Forensic Univeristy, Guwahati.)

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