The key is providing the expert with enough samples for a forensic opinion of some strength to be formulated. Two interviewers will give you two different perspectives on the situation.
The evidence may already exist, on a storage device for example, or it may need to be unearthed after an investigation, such as would occur in tricking a cyberbully into divulging his or her IP address.
There may be situations where the internal investigation discovers the commission of offences that are mandatorily reportable such as offences provided for in Section 39 of the Code of Criminal Procedure, While the plan may set out a roadmap for the activities going forward, it should also provide sufficient flexibility to address any unforeseen issues.
If an external investigating body is involved, it will not wish any such interview to prejudice its own potential investigation or prosecution. No, the entity does not have any ability to define or limit the scope of a government investigation.
The aim is a focused investigation with a defined scope and a conclusion. A robust investigation plan should clearly identify the scope and the objective of the investigation. Specialist advice should generally be sought.
The issue regarding the position of an in-house counsel on the question of attorney-client privilege in India is not free from doubt — and has been subject matter of judicial interpretation.
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