Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

@article{192205,
        author = {Kunal J. Umale},
        title = {NEURO-TECHNOLOGY, BRAIN DATA, AND CRIMINAL JUSTICE: FUTURE CHALLENGES TO SELF-INCRIMINATION AND PRIVACY},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {9},
        pages = {493-498},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=192205},
        abstract = {Technological innovation has perennially challenged the contours of criminal justice. The emergence of neuro-technology capable of recording, decoding, or interpreting brain data represents a fundamental disruption in how the law conceives evidence, autonomy, and privacy. While developed primarily for medical and assistive applications, these technologies are increasingly touted for criminal investigations raising deep constitutional and ethical concerns. This paper critically examines the implications of neuro-technology for self-incrimination and privacy in criminal justice, with a primary focus on Indian law and jurisprudence, complemented by comparative insights from the United States and Europe. Drawing upon constitutional doctrine, judicial precedents, legal theory, and international human rights norms, this paper argues that brain data should be recognised as uniquely sensitive, meriting robust legal protection under doctrines of mental privacy and cognitive liberty. It further proposes normative and doctrinal frameworks for regulating neuro-technological evidence in criminal proceedings.},
        keywords = {Brain Data, Cognitive Liberty, Comparative Law, Criminal Justice, Evidence Law, Indian Constitutional Law, Mental Privacy, Neuro-technology, Self-Incrimination.},
        month = {February},
        }