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
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.
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
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No independent
powers
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Independent
powers to decide the fate of a case
|
Application
|
Can be applied in
non legal contexts
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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.
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