COLLECTION OF DATA: AN OVERVIEW

Project Seminar Submitted to Himachal Pradesh University Department of Law

Supervised by:

Submitted By:

Prof. Raghuvinder Singh

Nidhi Sharma (1506)

Dr. Lalit Dadwal

LL.M II Semester

______________________________________________
DEPARTMENT OF LAW HIMACHAL PRADESH UNIVERSITY

SEPTEMBER 2016

TABLE OF CONTENTS
1.

Introduction............................................................................................................................3

2.

Sources of data collection.......................................................................................................4

3.

4.

5.

2.1.

Primary or field source or internal source of data.........................................................4

2.2

Secondary or internal sources of data.............................................................................5

Techniques of collection of data............................................................................................6

3.1.

Census or Universe Method.............................................................................................6

3.2.

Sampling Method.............................................................................................................7

Methods of collection of data.................................................................................................8

4.1

Observation Method........................................................................................................8

4.2.

Interview Method:..........................................................................................................10

4.3

Questionnaire Method....................................................................................................11

4.4

Case Study Method.........................................................................................................11

Conclusion.............................................................................................................................12

1. Introduction
Collection of data is regarded as a fascinating phase of research. Through the collection and
handling of information, the researcher begins to feel the actual excitement of research. There is
a great need for data of high quality. Selection of data requires great skill and experience. Data in
socio-legal studies are based on our sense observations. The word observation used here
includes all forms of perception used in recording responses ass they impinge upon our senses.
But response is not a datum. A response is certain manifest kind of action, whereas a datum is a
product of process of recording the response. The responses of a subject to a stimulus are
recorded. The asymmetric responses are those which are recorded verbatim with due regard to all
possible individual variations. Bringing these categories of stimuli and responses, we can decide
the setting for collection of data as:
(i)
(ii)
(iii)

Informal,
Formal unstructured, and
Formal structured1

The responses of the subjects may be called as acts. Acts may be classified as verbal and nonverbal. The verbal acts may be sub-divided into oral and written. The non-verbal acts are signals
such as bowing, clapping, etc. the main forms of data collection responses can be presented in
the following break-down table2:
Settings

Formal

Responses
Non-verbal

Oral-verbal

Written-verbal

Participant

Conversations

Letters, articles,

observation

biographies

Formal

Systematic

Unstructured

Open-ended

unstructured

observation

Interviews

questionnaires

1 C R Kothari, Research Methods and Techniques, New Age International (P) Ltd., New Delhi, 2004,
p.23
2S R Myneni, Legal Research Methodology, Allahabad Law Agency, Faridabad, 2014, p.142

Formal structured

Experiments

Structured Interviews Structured

questionnaires

The process of data collection is related to:

(a) Sources of data ie., primary and secondary data
(b) Techniques of collection of data ie., census and sampling techniques
(c) Methods of data collection.
The methods of data collection can be classified as:
(1)
(2)
(3)
(4)

Observation method
Interview method
Questionnaire method
Case study method

2. Sources of data collection

The sources of data collection are of two types- Primary or internal or field sources and
Secondary or external sources.3
2.1. Primary or field source or internal source of data
It is the original information collected for the first time as it is collected directly from the
subjects. They are obtained from the living persons directly related to the problem or through
observation. They can be further sub-divided into:
(i)

Direct primary sources

The researcher personally goes and observes events, things, behavior, activities and so on. He
has to display great skill and objectivity. Observation can be participant, non-participant or
quasi-participant observation. Direct observation is the best form of observation but
sometimes it becomes physically impossible.4
3 Supra note 2.
4 Spyros Langkos, Research Methodology: Data Collection Methods and Tools, Researchgate, retrieved
from <https://www.researchgate.net> on 2nd September 2016.

(ii)

Indirect primary sources

The researcher cannot observe things which happened long back, he needs to contact those
persons who have made observations relevant to his research.

This can be done through

interviews, questionnaires or schedules.

Primary sources of data in legal research
The primary or material source of law is that source from which law derives not only its validity
but the material of which law is composed. Material sources of law are: Enacted law, having its
source in legislation; case law, having its source in precedent; customary law, having its source in
custom; conventional law, having its source in agreement; statutory interpretation; codifications
like the Manu code and; case laws.5
2.2 Secondary or internal sources of data
This information is obtained from outside either from a published source or from someone else
who has already worked on the subject. They save the researcher the labour of collecting data
again and preventing unnecessary expenditure. They can be broadly divided into two types: (a)
Personal documents, and (b) Published documents. Personal documents consist of life histories,
diaries, memoirs, letters etc. it is very difficult to obtain them and put them to proper use. Public
documents come from public bodies, Government and private organizations. Apart from books
available in libraries, this category includes records, published statistics, reports of newspapers
and journals and special reports. Documentary sources are very important because past events
can be known only through them.
Documentary sources of legal material
The secondary sources of law are those publications which refer and relate to the law while not
being themselves primary sources. They include Central Legislative Material in Gazette of India,
Official Publications of Central Acts like India Code, State Gazettes, Private Publications like
All India Reporter, Departmental Publications like Income Tax Manual, Delegated legislation,
Publications like Constituent Assembly Debates, Reports, Specialized Law Reports like
5 Supra note 2, p.144.

Criminal Law Journal, Contributions of Individual Academicians, Academic Law Journals,

Citators and Digests, Law Libraries etc.
A court will not feel bound by secondary source material if either in support or against a
proposition of law, although certain materials such as the writings of learned and highly
esteemed authors may well be of significant persuasive value in selecting between conflicting
authorities.6
3. Techniques of collection of data
The primary purpose of legal research is to discover principles which have universal application.
For this, the data has to be collected and analysed. There are two techniques of collection of data,
i.e., Census Method and Sampling method.
3.1. Census or Universe Method
When whole area or population of persons in contacted, the method is known as census method.
Population is constituted of all individuals, things, events, documents or observation cases
belonging to a designed category characterizing specific attributes which a particular study
should principally cover. The type of collecting information from all units of a population is
called the census method. If the size of units of the study is a small one, census method is
generally used to collect data. In socio-legal study, the time, money and men required are so
large that it is not practicable to undertake such study. In census method, not even a single item is
left out.7
Advantages of census method:
(a) Results obtained are more or less accurate and correct.
(b) The entire population is studied which leaves minimal room for prejudice or bias.
Disadvantages of census method:
(a) It is expensive in nature. It requires a lot of money and time.
6 Supra note 5.
7 Supra note 1, p55.

(b) It requires a lot of enumerations which may not always be available.8

3.2. Sampling Method
Most research studies are based on this method. When a small group is selected as a
representative of the whole, it is known as sample method. The method of selecting for study a
portion of the universe with a view to draw conclusions about the universe in toto is known as
sampling. Goode and Hatt defined sample as a smaller representation of a large whole. The
sample should represent the characteristics of the population as closely as possible. The sampling
method was first introduced and used in social research in 1754 by Bowley.9
Sampling is used when:
(i)
(ii)
(iii)
(iv)

The researcher has to collect information from a wider area;

The researcher doesnt require cent percent accuracy;
The population is homogenous; and
It is not possible to adopt census method.

Advantages of Sampling Method

(a) Saves time: Comparatively smaller numbers of units are studied in sampling and
therefore it requires much less time than census method.
(b) Less expensive: It requires small staff to collect data and hence requires less money.
(c) Detailed study: When the units are less in number it gives opportunity for a more
detailed study.
(d) Accuracy of result: In this method we can calculate the sampling error and make our
study accurate.
(e) Administrative convenience: The small units are easily manageable and convenient
from administrative point of view.
(f) Impossibility of the use of census method: When the universe is too vast and scattered
so every unit cannot be contacted, sampling method should be followed.
(g) Scientific base: As the statistical tools are used in the sampling method, it has scientific
base.10

8 Supra note 1,p.55

9 Supra note 2, p.126

Disadvantages of sampling method

(a) Chances of bias: there may be bias in selection of units which may lead us to draw false
conclusions.
(b) Need of specialized knowledge: this method requires knowledge of sampling
technique, skill in calculation of sampling error etc.
(c) Difficulties in sticking to sample: sometimes we may be forced to change the units as
per the changing circumstances. When units refuse to cooperate, we have to deviate
from the selected sample.
(d) Less accuracy: if the selected sample is not the true representative of the whole, the
results will go wrong and there will be no use of study.
(e) Impossibility of sampling: when the whole universe is small in itself and too
heterogeneous, it is impossible to draw a representative sample.11
4. Methods of collection of data
Method denotes various processes by which we proceed to find out a solution to an enquiry. A
method is a way of approaching a problem. Every science has its methodology, so do the legal
studies. Legal researchers have certain methods to find law from legal sources such as
legislation, precedent etc. and to have definitive methods to find out authoritative decisions. Four
main methods of legal research are briefly discussed here:
4.1 Observation Method
Observation is a technique that involves systematically selecting, watching and recording
behavior and characteristics of living beings, objects or phenomena. Observation of human
behavior is a much-used data collection technique. In the words of P.V. Young, Observation
may be defined as systematic viewing, coupled with consideration of seen phenomenon. 12 It can
be undertaken in different ways:

10 Supra note 2, pp.127-128.

11 Ibid., p.129.
12 Supra note 1, p.96

(a) Participant and Non-participant observation: The observer takes part in the situation he or
she observes. For example, a doctor hospitalized with a broken hip, who now observes
hospital procedures from within. In non-participant observation the observer watches
the situation, openly or concealed, but does not participate.
(b) Structured and Unstructured Observation: When observation is done by characterizing
style of recording the observed information, standardized conditions of observation ,
definition of the units to be observed , selection of pertinent data of observation then it is
structured observation. When observation is done without any thought before observation
then it is unstructured observation.
(c) Controlled & Uncontrolled Observation: When the observation takes place in natural
condition i.e. uncontrolled observation. It is done to get spontaneous picture of life and
persons. When observation takes place according to definite pre arranged plans, with
experimental procedure then it is controlled observation generally done in laboratory
under controlled condition.13
Merits:

Collect data where and when an event or activity is occurring.

Does not rely on peoples willingness to provide information.
Directly see what people do rather than relying on what they say they do.

Demerits:

Susceptible to observer bias.

Hawthorne effect- people usually perform better when they know they are being

observed.
Does not increase understanding of why people behave the way they do.14

4.2. Interview Method:

This method of collecting data involves presentation or oral-verbal stimuli and reply in terms of
oral-verbal responses. This is oral verbal communication where interviewer asks questions which
13 Supra note 2, p.197
14 Retrieved from< http://serve.mt.gov/wp-content/uploads/2010/02/Data-Collection-Methods-cbi.pdf>
on 5th September 2016.

are aimed to get information required for study to the respondent. There are different type of
interviews as follows :
(a) Personal Interviews: The interviewer asks questions generally in a face to face contact to
the other person or persons. Such interviews are structured or unstructured. In structured
interview, there is flexibility in asking questions which are predetermined. Standardized
techniques of questioning are followed. It is not necessary to have specific skill or
knowledge. In unstructured interview there are no predetermined questions. No
standardized techniques of procedure laid down i.e. asking recording questions in form &
order prescribed. Interviewer has freedom to ask questions without following sequence.
Deep knowledge & skill is required.
(b) Telephonic Interviews: it involves contacting samples on telephone. It is uncommon
method but is used in developed regions. It is more flexible and faster as compared to
mailing method. It is cheaper than personal interview method. Callbacks are simple and
economical also. When it is not possible to contact the respondent directly, then interview
is conducted through telephone.
Merits:

Useful for gaining insight and context into a topic

Allows respondents to describe what is important to them
Useful for gathering more personal and detailed insight.

Demerits:

Susceptible to interview bias

Time consuming and expensive as compared to other data collection methods
May seem intrusive to the respondent
4.3 Questionnaire Method

This method of data collection is quite popular, particularly in case of big enquiries. The
questionnaire is mailed to respondents who are expected to read and understand the questions
and write down the reply in the space meant for the purpose in the questionnaire itself. The
respondents have to answer the questions on their own. Questionnaire is sent to persons with
request to answer the questions and return the questionnaire. Questions are printed in definite

order, mailed to samples who are expected to read that questions understand the questions and
write the answers in provided space.15
Merits of Questionnaire

Low cost and even the geographical area is large to cover

Answers are in respondents word so free from bias
Adequate time to think for answers
Non approachable respondents may be conveniently contacted
Large samples can be used so results are more reliable

Demerits of Questionnaire

Low rate of return of duly filled questionnaire

Can be used when respondent is educated and co-operative
It is inflexible as some questions may be omitted
Difficult to know the expected respondent have filled the form or it is filled by someone
else Slowest method of data collection.16
4.4 Case Study Method

It is essentially an intensive investigation of the particular unit under consideration. Its important
characteristics are as follows:
a) The researcher can take one single social unit or more of such units for his study purpose.
b) The selected unit is studied intensively i.e. it is studied in minute details.

Merits:

Fully depicts peoples experience in program input, process, and results

Powerful way of portraying program to outsiders

Demerits:

Usually quite time consuming to collect information, organize and analyze it

Represents depth of information rather than breadth17

15 Supra note 2, p.217

16 Ibid., p.218.
17 Supra note 14

5. Conclusion
On the basis of the above discussion it can be concluded that collection of data is the most vital
step in any research design. A correct approach of the researcher is necessary while employing
various techniques and methods of research keeping in mind the result required to be achieved.
He should be very clear in his mind as to whether the research requires primary field work or the
secondary documentary research. Also he should be aware of the merits and limits of each
research technique and method so as to be able to decide that which technique or method will
serve the purpose of his research in the best way bringing maximum accuracy and desired
results.