7 Difference Between Substantive Law and Procedural Law

In every society, the legal system plays a very crucial part as laws and regulations govern the life of its citizens, and provide them with certain rights and duties. It is mandatory for each and every person to abide by the legal principles, and non-violation attracts serious punishment, such as imprisonment or penalty.

In legal jurisprudence, the law is mainly divided into two groups: substantive law and procedural law. For a brief overview, substantive law confers rights and liabilities to an individual, whereas procedural law provides for the procedure by which you enforce the right. In this article, we will explain thoroughly the difference between substantive law and procedural law.

Substantive Law Vs Procedural Law

Comparison table of Substantive Law and Procedural Law

Basis of Comparison	Substantive Law	Procedural Law
Meaning	It refers to the law that deals with the rights and liabilities of the parties.	It refers to the law which provides the procedure by which the rights and liabilities will be enforced in a court of law.
Subject matter	The main subject matter of substantive is the rights and liabilities of individuals.	The subject matter of procedural law is the mechanism for enforcement of the law.
Scope of Application	Substantive law is applied only to the legal matters	Procedural law can be applied to legal as well as non-legal matters.
Stage of Crime	The substantive law provides for the crime and punishment.	Procedural law deals with the initiation and proceedings of civil and criminal proceedings.
Area	The substantive law deals with the matter falling outside the boundaries of the court	The procedural law deals with the internal affairs of the court, such as the presentation of evidence, review, etc.
Example	Indian Contract Act, Specific Relief Act, Indian Trust Act, 1882, etc.	Code of Criminal Procedure Code (CrPC), Code of Civil Procedure, 1908 (CPC), Law of Evidences, etc.

What is Substantive Law?

The term ‘substantive law’ refers to that law that provides certain rights, duties, and liabilities to a citizen or to a collective body. It can be understood as a system of rules which governs the behavior of an individual in society. Though this law is mainly codified, it can be seen in common law too.

For a layman, substantive law means a law that deals with the substance of the case. It forms the basis of the case on which a suit is instituted by a party. Substantive law also provides for the rights of the other party to defend itself in the legal proceedings. This branch of law aims to differentiate between a legal and illegal act by prescribing a punishment or penalty for the act falling in the illegal domain.

In the case of Thirumalai Chemicals Ltd. vs. Union of India, the Hon’ble Supreme Court held that substantive law affects the substantive and vested rights of the parties. It is important to note that the right to file an appeal against an order is a substantive right of the parties.

The substantive law can be further divided into 2 parts:

Substantive Civil Law

Civil law includes any harm, loss, or any private wrong causing legal liability to a person who commits such an act. In simple words, it deals with two private parties wherein one party causes unnecessary grievance to the other party. Here, substantive civil law provides for the rights of the aggrieved party and the liability of the wrongdoer. Some of the major examples of substantive civil laws are the Indian Contract Act, 1872; Transfer of Property Act 1882; Specific Relief Act; Indian Trust Act, 1882.

Substantive Criminal Law

This branch of substantive law deals with individuals and the state. The core example of the same is the Indian Penal Code (IPC). This code lists out the offenses and the punishments for the same. For example, Section 302 provides for the element of murder and its punishment.

What is Procedural Law?

As the name suggests, the procedural law provides for the procedure by which you will approach the court or will enforce your right and liability. In very simple words, it explains the methods and practices which are followed in the court for a particular case. For instance – in a trial, the procedural law determines how it will proceed ahead. In the beginning, the charge sheet will be filed by the police, which shall be followed by the submission from the respondent side. After this, the witness shall be examined. All such kind of procedure falls under the ambit of procedural law.

It is very important to note that the procedure must follow the due process of law, and both the parties must be awarded equal opportunity to present their case before the court. All in all, it deals with jurisdiction, pleading, presenting evidence, execution, etc.

Just like substantive law, the procedural law is also divided into 2 parts-

Law of Civil Procedure

This law deals with the rules and regulations which are followed by the court in a civil trial. It includes the commencement of the suit, type of pleadings, filing applications, etc. In India, the Code of Civil Procedure, 1908 (CPC) is the principal legislation dealing with the procedures followed in all civil matters.

Law of Criminal Procedure

This law deals with the rules and regulations which are followed in a criminal trial. In the investigatory phase, the inspecting officer (IO) collects all the evidence against the accused, presents him before the judicial magistrate, handles bail application, etc. The adjudicatory phase commences with the onset of the trial. The Code of Criminal Procedure Code (CrPC) provides for all the rules and regulations in criminal matters.

Key differences between Substantive Law and Procedural Law

Some basic differences between substantive law and procedural law

1. Substantive law deals with the rights and liabilities of the parties whereas procedural law provides the procedure by which the rights and liabilities will be enforced in a court of law.
2. Substantive law regulates or governs the behavior of an individual whereas procedural law determines the manner of filing an appeal.
3. The main subject matter of substantive is the rights and liabilities whereas the subject matter of procedural law is the mechanism for enforcement of the law.
4. Substantive law is applied only to legal matters whereas procedural law can be applied to legal as well as non-legal matters.
5. The substantive law provides for the crime and punishment whereas the procedural law deals with the initiation and proceedings of civil and criminal proceedings.
6. The substantive law deals with the matter falling outside the boundaries of the court whereas the procedural law deals with the internal affairs of the court, such as presentation of evidence, review, etc.
7. Examples of Substantive law are the Indian Contract Act, Specific Relief Act, Indian Trust Act, 1882, etc. whereas the Code of Criminal Procedure Code (CrPC), Code of Civil Procedure, 1908 (CPC).

Conclusion

Substantive law and procedural law are two important branches of law that complement each other. The substantive deals with the rights and liabilities of individuals as well as collective groups and the procedural law deal with the procedure to enforce those rights and liabilities in a court of law. Both the laws are two sides of a coin, and in the absence of procedural law, the substantive law would turn futile and vice-versa. Substantive law and procedural law are interrelated to each other.

Some of the main examples of substantive laws are the Indian Contract Act, the Indian Succession Act, etc. whereas some of the prime examples of procedural law are the Code of Civil Procedure, the Code of Criminal Procedure, etc. These two branches Substantive law and procedural law are very important in human being life.

This is all about the difference between substantive and procedural law. We hope you understand the concept and the differences very well. For more interesting and knowledgeable differences visit our website.