Thursday, 5 November 2015

Difference between Procedural Law and Substantive Law.



Procedural Laws
Refer to the laws that govern the procedure of civil as well as criminal courts. They lay down the rules to be followed by courts.

For example, the filing, adjournments, hierarchy of courts etc constitute the procedural law.

In India, the Civil Procedure Code and the Code of Criminal Procedure are procedural laws.

Substantive laws 
On the other hand define the relationship between people and the state or between people. The laws that deal with Contracts, Companies or Evidence etc. are substantive.

In India, Contract Act, Company law, Penal Code, among others would be called Substantive law.

Comparison chart

Procedural Law
Substantive Law
Definition
Deals with and lays down the ways and means by which substantive law can be enforced
Deals with those areas of law which establish the rights and obligations of individuals , what individuals may or may not do
Powers
No independent powers
Independent powers to decide the fate of a case
Application
Can be applied in non legal contexts
Cannot be applied in non legal contexts
Regulation
By statutory law
By Act of Parliament or goverment implemation

Civil Procedure Code, 1908.
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

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    Difference between Civil and Criminal procedural Law

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