Substantive Law vs. Procedural Law | Types, Case Laws

Imagine you are about to go on a road trip. Before you even hit the road, you need two things: a map and a set of driving rules. The map shows you where to go, and the rules tell you how to get there safely. Think of substantive law as your map—it tells you the ‘what’ and ‘why’ of the law, like what actions are considered crimes or what rights you have in a contract. On the other hand, procedural law is like those driving rules—it guides you on the ‘how,’ laying out the steps to enforce those rights or handle disputes.

For example, Substantive law will tell you that theft is a crime and what the punishment should be, while Procedural law shows how to investigate, prosecute, and try a theft case. 

In this blog, we are going to understand the nuts and bolts of these two essential parts of the branches of law: substantive law and procedural law. We will explain their differences and give you clear examples. Keep reading!

Types of Law

1. SUBSTANTIVE LAW 

Definition: Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law

Substantive law is the backbone of the legal system. It is derived from different places like common law, written laws, the constitution, and court decisions.These laws change over time as new rules are made. 

Substantive law deals with how people and the government relate to each other legally. It says people's rights, what counts as right or wrong, and what happens if someone breaks the rules.

This kind of law covers both public and private matters, including civil and criminal issues. It not only tells us our rights but also what we can do if those rights are not respected.

A. Nature of Substantive Law

a. Rights and Duties: Substantive law tells us what we can do (our rights) and what we must do (our duties) in society. It's like a big rulebook for everyone.

b. Stays the Same for a Long Time: These laws don't change much over time. They're like big, important rules that stick around for many years.

c. Independent: Substantive laws have independent power to decide any case.

d. Remedial Provisions: Substantive law also tells us what happens when someone breaks the rules or doesn't do what they're supposed to. It's like having a plan for when things go wrong.

e. Legal Relationship: Substantive laws deal with the legal relationship between individuals or the legal relationship between an individual and the State. 

B. Sources of Substantive Law

Substantive laws derive authority from common law, statutes, the Constitution, and judicial precedents, ensuring established legal frameworks.

a. International Sources: International treaties, EU regulations, WTO rules, and bilateral treaties shape substantive laws, integrating global standards into national systems.

b. Other sources: writings of legal scholars, decrees from kings and rulers, Sharia law, etc.

C. Types of Substantive Law

SUBSTANTIVE CIVIL LAW 

The substantive civil law includes any private wrong, a 'Tort', where someone unfairly causes harm to another. It also includes the Law of Contracts, explaining how agreements are made legally. The law covers property rules and inheritance matters, with specific guidelines for different religious groups (Indian Succession Act, 1925). Other Acts that provide for Substantive Civil Law in India are Indian Contract Act, 1872; Transfer of Property Act 1882; Specific Relief Act; Indian Trust Act, 1882, etc.

SUBSTANTIVE CRIMINAL LAW 

The Bharatiya Nyaya Sanhita/ Indian Penal Code (Criminal) outlines various offences and explains what needs to be proven to find someone guilty. It also provides punishments for these offences. Substantive Criminal Law clearly defines crimes like murder, robbery, rape, and assault, helping courts determine when someone has broken the law and how they should be penalized. 

2. PROCEDURAL LAW 

Definition: Law governing the machinery of the courts and the methods by which both the state and the individual can enforce their rights

Procedural Law, also known as Adjective or Remedial Law, sets rules for enforcing laws by regulating the practice, procedure and machinery. It guides legal processes to ensure fair and consistent justice. 

This law is derived from various sources like the Constitution, Statutes passed by the legislature, rules and procedures laid down by the Supreme Court; and rules and regulations passed by the law enforcement agencies for internal management. 

The main role of procedural law is to create a framework for implementing substantive laws. It covers all aspects of legal proceedings, from starting a case to carrying out judgments. This includes determining court jurisdiction, presenting evidence, and making appeals. Procedural law aims to make legal processes fair and efficient for everyone involved.

According to Holland, the procedural law not only concerns the rights and acts of private litigants, but also deals with the organization of Courts and duties of judges. As it comprises Jurisdiction (both for domestic and conflict sense), summons, pleadings, trial, evidence, judgment, appeal and execution.

A. Nature of Procedural Law

a. Facilitates Justice: Procedural law acts as a comprehensive rulebook for legal proceedings. It ensures that everyone, regardless of their social or economic status, gets a fair chance in court. This includes rules for filing cases, presenting evidence, and making appeals.

b. Complements Substantive Law: While substantive law defines legal rights and duties, procedural law provides the methods to enforce or defend these rights.

c. Evolves with Time: Procedural law adapts to societal changes and technological advancements. Recent changes include allowing electronic filing of documents and virtual court hearings. For example - Recording of sexual offences victim's statement by audio-video means.

d. Varies by Jurisdiction: Different courts or states may have unique procedural rules.

e. Enforcement and Authority: Procedural laws, enforced by Acts of Parliament or implemented by the government, lack the authority to independently decide cases.

f. Infringement of rights: Procedural Laws not only prescribe ways and means of enforcing rights, but also redress for the infringement of rights, also describe the machinery for proceedings of any suit.

B. Sources of Procedural Law

a. Legislative and Regulatory Sources: Statutes enacted by the legislature and written regulations for employees of various law enforcement agencies. These regulations are for internal management and are not classified as laws.

b. Judicial Guidelines and Precedents: Rules, procedural guidelines, and Supreme Court rulings shape and refine the application of procedural law.

C. Types of Procedural Law

LAW OF CIVIL PROCEDURE

Civil Procedural Law, sets the rules and standards followed by the courts while conducting civil trials. It governs how a case is commenced, types of pleadings or statements of case, motions or applications, timing and manner of depositions, the process for judgment, and also deals with functioning of courts and clerks. These rules apply to disputes between individuals, businesses, organizations, and even government agencies. The law ensures that everyone follows the same steps in court, making the process fair for all parties involved in non-criminal disagreements.

In India, one of the major civil procedural laws in India is Code of Civil Procedure, 1908 which administers civil proceedings and implementations of civil orders and justice.

LAW OF CRIMINAL PROCEDURE 

Criminal procedure law governs the steps by which the one who has violated a criminal statute is punished. It has two stages: investigatory and adjudicatory. The investigatory stage involves police officers gathering facts and arresting suspects, while the adjudicatory stage starts with the trial of the suspect in court of law. In India, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) earlier Criminal Procedure Code, 1973 (CrPC) outlines the procedures for prosecution and punishment, including arrest, investigation, bail, jurisdiction, appeals, revisions, and compounding of offenses.

Difference between Substantive Law And Procedural Law 

Case Laws of Substantive vs. Procedural Law

1. Commissioner of Wealth Tax, Meerut vs Sharvan Kumar Swarup and Sons (1994)

The Supreme Court made the distinction between substantive and procedural laws. Defined substantive laws as the laws which fix duties and establish rights and responsibilities, while procedural laws are those which prescribe the methods in which such rights and responsibilities may be exercised and enforced respectively.

2. Hitendra Vishnu Thakur vs State of Maharashtra (1994) 

This case addressed amendments to the Terrorist and Disruptive Activities (Prevention) Act, of 1987. The Supreme Court of India distinguished between procedural and substantive changes in the amendments, ruling that procedural changes could be applied retrospectively while substantive changes could not.

3. Thirumalai Chemicals Ltd. vs Union of India and others (2011)

The Supreme Court held that all those laws which affect the substantive and vested rights of the parties have to be taken as substantive law, whereas any provision of the law dealing with the form of the trial, mechanism of the trial or procedure thereof has to be treated as procedural in nature.

4. Nani Gopal Mitra vs State of Bihar (1970)

The Supreme Court declared that amendments relating to procedure operated retrospectively, subject to the exception that the procedure that was correctly adopted and proceedings concluded under the old law cannot be reopened for the purpose of applying the new procedure.

Conclusion 

Both the laws- Substantive law and Procedural law are two sides of the same coin in the legal system. While substantive law defines rights and duties, procedural law provides the mechanism to enforce these rights and duties.

Both are equally important for the effective functioning of the legal system. The interplay between these two branches of law ensures justice is not only done but is seen to be done, upholding the rule of law in society.