MODULE III
Starting the
Research
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SYNOPSIS
1. Where do I start my research?
2. Why is it said that secondary sources help us find primary authority more quickly
3. How do I narrow down my research to specific point?
Where do I start my research?
A believes he would be charged with possession of narcotic substances. He wishes to apply for an
anticipatory bail before the Court of law. Where does he start to get a handle on what the law is,
what he should be doing etc.?
The first thing for him to understand is, what exactly is an anticipatory bail? He should thus start
with referring to various secondary sources to understand what an anticipatory bail is and all its
related aspects. This background information will set him up to move forward in an informed way
and not shoot in the dark. This may also pinpoint the primary source he should be referring to on
the issue.
For example, in the present case, when he would pick up a secondary source, he’d find out that
anticipatory bail is a pre- arrest bail, which a person can apply for in a Court, where he believes that
he might be arrested in the future; and the same has been provided under Section 437 of the Code
of Criminal Procedure, 1973/Section 480 of Bharatiya Nagarik Suraksha Sanhita, 2023.
Further on reading through the provision, he’d get to learn what all conditions he needs to fulfill to
be eligible for an anticipatory bail. At the same time, he’d get to know the procedure explaining
where and how to file the application of anticipatory bail.
Thereby, never start looking for a primary source immediately. Start from a secondary source and
use it to navigate through the issue and find a primary source to back it.
Tip: Every statute has a definition clause at the beginning of the Act which defines the term for the
purposes of that Act.
Why is it said that secondary sources help us find primary authority
more quickly?
Secondary Sources should always be the starting point. One should ideally not start research from a
primary source, especially when it is the first time you are handling the subject.
Primary Sources establish the law on a given topic. It is difficult to locate an answer directly in a
primary source, as laws are passed, amended and repealed frequently on a wide array of topics.
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Secondary Sources explain the legal principles more thoroughly than a
single statute or case. They also offer different perspectives helping you
build a wider view.
It sets up a sound foundation of information and knowledge for the
researcher to build up on.
It keeps the research on point and prevents the researcher from
deviating.
It saves the time and effort that would be required to rifle through
different primary sources indiscriminately. It brings one up to speed on
the current standing of law, as to whether the law is a good law or a bad
law, on that particular topic.
Secondary Source helps in understanding an area of law which might be unfamiliar or confusing. For
e.g. Dowry Death is covered under Section 304B of the Indian Penal Code, 1860/Section 80 of Bharatiya
Nyaya Sanhita, 2023. At the same time, Dowry Prohibition Act, 1961 also covers the concept of dowry
death. Now here, a secondary source which discusses the applicability of laws in situation of dowry
death would be more helpful than going through the Acts in their entirety. It would also provide a better
understanding of the concept of dowry death as it exists in India.
Secondary literature can be consulted at any stage in your research. Research in secondary materials
can, among other things, provide the analysis of a specifically relevant case, explain the history of a
legislative enactment, synthesize a body of case law, or criticize a current interpretation of the law.
A good legal researcher will use the research product of others as often as possible!
How do I narrow down my research to specific point?
To narrow down the research to a specific point, one must always keep in mind the issues that one is
researching.
Keeping a focus on the issues, helps navigate through the sources and identify the relevant sources
which will help in finding a solution.
To have a precise research, sources which answer most of the issues should be used.
Sometimes, a source might answer one of the issues and not the others. In such a situation, do not
discard the source which is somewhat helpful. More than one source can be used to answer issues.
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Illustration
A and B are a married Muslim couple. A
wishes to divorce her husband on grounds
of domestic violence.
STEP 1 – Identify the Facts STEP 2 – Identify the Issues
A and B are a Muslim Couple. Can A get divorce under Muslim Laws?
A wishes to divorce her husband. Is domestic violence a valid ground for getting
A has been subject to domestic divorce under Muslim Laws?
violence. Can A claim alimony from her husband after
divorce?
Now, let’s suppose there are three different secondary sources available:
Source 1: Discusses how the amount of alimony is decided in cases where one party is at fault resulting in
divorce under Muslim Personal Laws.
Source 2: Discusses Muslim Divorce Laws in India.
Source 3: Discusses Constitutionality of Triple Talaq
All the three sources discuss about the Muslim divorce laws in India, so to pinpoint the main source and
make the research more precise, the source which answers majority of the issues is a good source.
Which Source is more specific?
Source 1: Discusses how the amount of alimony is decided in cases where one party is at fault resulting in
divorce under Muslim Personal Laws.
Whether Source
What the Source Discusses The Issues to be answered
Relevant
Divorce cases under Muslim
Can A get divorce under Muslim Laws? Relevant
Personal Laws
Alimony specific to divorce Is domestic violence a valid ground for
Relevant
cases where one party is at fault getting divorce?
Quantum of alimony Whether A can claim alimony Relevant
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Source 2: Discusses Muslim Divorce Laws in India.
Whether Source
What the Source Discusses The Issues to be answered
Relevant
Muslim Divorce Laws Can A get divorce under Muslim Laws? Relevant
Source Does Not Discuss about Is domestic violence a valid ground for
Irrelevant
Domestic Violence getting divorce?
Source Does Not Discuss About
Whether A can claim alimony Irrelevant
Alimony
Source 3: Discusses Constitutionality of Triple Talaq.
Whether Source
What the Source Discusses The Issues to be answered
Relevant
Source Does Not Discuss
Can A get divorce under Muslim Laws? Irrelevant
Muslim Personal Laws
Source Does Not Discuss about Is domestic violence a valid ground for
Irrelevant
Domestic Violence getting divorce?
Source Does Not Discuss About
Whether A can claim alimony Irrelevant
Alimony
Source 1: discusses all three issues of the problem at hand and is thereby, most relevant of the three sources.
Source 2: discusses one of the issues and is thereby somewhat relevant to the research.
Source 3: discusses none of the issues and is thereby irrelevant to find a solution to the problem.
Conclusion
The initial step is often a challenge in tasks that involve gathering, assessing, and evaluating a
large amount of information, such as legal research. This module addresses this challenge for
legal researchers. Starting correctly significantly contributes to ensuring the accuracy of the
final conclusion.
Become a
Certified Legal
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Researcher!
