Difference between Substantive Law and Procedural Law
Laws can be decided into two groups
1) Substantive Law 2) Procedural Law
Difference between Substantive Law and Procedural Law
Substantive Law always prevails over the Procedural Law.
Substantive Law :-
- In civil law it defines rights and liabilities and in criminal law it defines punishments.
- It govern a particular field.
- The function of substantive law is to define legal rights or legal status or to impose and define the nature and extent of legal duties.
- The Indian Contract Act,the Transfer of property Act,the Industrial Dispute Act,the Indian Penal Code are instances of substantive law.
Procedural Law :-
- It lays down the procedure
- It is a law that specifies the procedure and machinery for the imposition of rights and duties.
- Rules that helps the enforcement of the substantive law.
- The function of procedure law is to provide the machinery or the manner in which the legal rights or status and legal duties may be enforced or recognized by a court of law other recognized or properly constituted tribunal.
- the Indian Evidence Act,the Limitation Act,the Code of Civil Procedure,the Code of Criminal Procedure are instances of procedural law.
Case Law :-
In The State of Punjab and Anr Vs Shamlal Murari and Others,AIR 1976 SC 1177
the Hon’ble Supreme Court Justice of India justice Krishnaiyer V.R., while dealing with the scope of the procedural law, observed “We must always remember that processual law is not to be a tyrant but a servant, not an obstruction but an aid to justice. It has been wisely Observed that procedural prescriptions are the hand-maid and not the mistress, a lubricant, not a resistant in the administration of justice.
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