Understanding the differences between substantive and procedural law is fundamental for both law students and legal professionals. These two types of law work together to ensure that justice is served, but they serve different roles in the legal system. While substantive law defines the rights and duties of individuals, procedural law provides the mechanism by which these rights and duties are enforced. In this article, we explore the key differences, their significance, and how they operate within the legal framework.
Contents of Article
Introduction: What is Substantive Law and Procedural Law?
When studying the law, it’s important to distinguish between the substantive law and procedural law. Substantive law is concerned with the legal relationships between individuals and the state. It governs how people are expected to behave and the legal consequences of failing to adhere to these expectations. On the other hand, procedural law outlines the steps and processes that must be followed to enforce substantive law in courts.
Many students often ask, “Is CPC a procedural law or substantive law?” or, “What is the difference between procedural and substantive theories?” These are essential questions because understanding the distinctions helps in mastering legal concepts, both in Indian law and internationally.
Substantive Law: Definition and Examples
Substantive law defines rights, responsibilities, and obligations of individuals and collective entities. It provides the “what” of the law—what actions are prohibited or allowed and what rights individuals have in different situations. Examples of substantive law include laws on contracts, torts, property, and criminal offenses.
Key Characteristics of Substantive Law:
- Defines legal rights and obligations: Substantive law spells out the rights and duties that individuals or organizations have under the law. For example, contract law specifies the obligations that parties must fulfill in a contract.
- Establishes legal consequences: If a person commits a crime or fails to fulfill a contract, substantive law dictates the punishment or remedy.
- Types of substantive law: It includes both civil law (e.g., contract law, family law) and criminal law (e.g., offenses such as theft or assault).
Examples of Substantive Law in India:
- Indian Penal Code (IPC), 1860: This is an example of substantive law as it defines various criminal offenses and prescribes penalties.
- Bharatiya Nyaya Sanhita (BNS), 2023: This is an example of substantive law as it defines various criminal offenses and prescribes penalties.
- Contract Act, 1872: Another example where substantive law lays down rules for forming and enforcing contracts.
In simpler terms, substantive law deals with the “what”—what constitutes a crime, what creates a contractual relationship, or what establishes ownership of property.
Procedural Law: Definition and Examples
While substantive law defines what the law is, procedural law defines how the law is implemented or enforced. It governs the procedures through which a court hears and determines what happens in civil, criminal, or administrative proceedings. Procedural law is often described as the machinery or vehicle through which substantive law is enforced.
Key Characteristics of Procedural Law:
- Governs the process of litigation: Procedural law ensures that cases are heard fairly, and justice is administered efficiently. This includes rules about how evidence is presented, how lawsuits are filed, and how trials are conducted.
- Defines steps in a legal action: It outlines the processes that need to be followed, such as filing of suits, issuing summons, and procedures for appeal.
- Includes the Code of Civil Procedure (CPC) and Code of Criminal Procedure (CrPC): In India, CPC, 1908 and CrPC, 1973 are examples of procedural law. CPC lays down the procedure for filing and conducting civil cases, while CrPC governs criminal trials.
Examples of Procedural Law in India:
- Code of Civil Procedure (CPC), 1908: This is a procedural law that dictates how civil suits should be filed, presented, and tried in Indian courts.
- Code of Criminal Procedure (CrPC), 1973: Governs how criminal cases are to be handled by the police, courts, and other legal bodies.
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Governs how criminal cases are to be handled by the police, courts, and other legal bodies.
Procedural law answers the “how”—how to file a lawsuit, how to appeal a decision, and how to enforce a judgment.
Differences Between Substantive and Procedural Law
There are several key differences between substantive law and procedural law that are important for law students and legal professionals to understand. Below, we summarize these differences in tabular form.
| Aspect | Substantive Law | Procedural Law |
|---|---|---|
| Definition | Defines the rights and duties of individuals | Provides the process for enforcing the law |
| Focus | What the law is (rights, responsibilities) | How the law is enforced (procedure, rules) |
| Example | Indian Penal Code (IPC), Contract Act, Torts | Code of Civil Procedure (CPC), CrPC |
| Purpose | Determines what is illegal or lawful | Ensures fair administration of justice |
| Scope | Deals with the substance of the case | Deals with the process of litigation |
Examples: Substantive Law and Procedural Law in Action
- Substantive Law Example: If someone breaches a contract, the substantive law (Contract Act, 1872) would define what constitutes a breach and what remedies are available.
- Procedural Law Example: If a person wants to sue for breach of contract, procedural law (Code of Civil Procedure, 1908) would dictate how the lawsuit must be filed, what documents must be presented, and how the trial will proceed.
In India, a key question often asked by law students is whether CPC is a procedural law or substantive law. The Code of Civil Procedure (CPC) is a classic example of procedural law, as it deals exclusively with how civil cases are processed through the courts.
Importance of Substantive and Procedural Law in Legal Practice
Both substantive law and procedural law are essential in ensuring justice. While substantive law ensures that individual rights and obligations are well-defined, procedural law guarantees that these rights can be enforced fairly and efficiently in court. Without proper procedural rules, even the most robust substantive laws may fail in delivering justice.
For law students and legal professionals, understanding the difference between substantive law and procedural law helps in identifying the types of legal issues at play in any given case. This understanding also ensures that the correct procedural steps are taken when enforcing substantive rights.
Conclusion: Key Takeaways for Law Students and Legal Professionals
The differences between substantive and procedural law are critical in understanding how the legal system operates. While substantive law determines what is lawful or unlawful, procedural law ensures that the legal process for dealing with disputes is followed. Both are integral to maintaining the rule of law, and mastering them is crucial for success in the field of law.
By comprehending these distinctions, law students and legal professionals can better navigate complex legal landscapes, ensuring that they follow both the substance and the procedure in their cases.
Understanding these concepts will help clarify questions like, “Is CPC a procedural law or substantive law?” and allow legal professionals to navigate cases with a clear understanding of both aspects of the law.
Written By
Vaibhav Anand
Advocate