Substantive & Procedure Law

Introduction:
Law is used to mean the rules made by the government to
protect the fundamental rights of the citizens. Enacted law either substantive
law or procedural law. Substantive laws are the body of rules which provides
legal rights and responsibilities in civil laws as well as it defines the
relationship between the people and the state Substantive law consisted of
written rules passed by legislature of the state. Procedural laws are body of
rules which provides the process of proceedings of the court in criminal and
civil and administrative proceedings. The difference between these two is
very important as every lawyer has to get in touch with them in
their daily routine.

CROSS REFERENCE.

a) PPC (1860) is substantive law.

b) CrPC (1898) is procedural law.

DEFINITION OF SUBSTANTIVE LAW:

According to Oxford Dictionary of Law:

"The part of the law deals with the rights, duties, and all other
matters that are not matters purely of practice and procedure."

According to Salmond:

"It is concerned with the ends which the administration of

justice seeks to achieve. It does not relate to the process of litigation but to
its purpose and subject matter.”

According to Black Law Dictionary:

"Part of law concerned with the determination of rights,

liabilities and duties etc. as contrasted with adjective law."
 DEFINITION OF PROCEDURAL LAW
Procedure means mode/ways by which legal right is enforced:

According to Salmond:

"Law of procedure is that branch of law which governs the

process of litigation."

According to Black's Law Dictionary:

"Law which defines the procedure of enforcing rights and duties

and liabilities.

PROCEDURAL LAW

➢ The procedural law can be defined as the law which governs the way in
which court proceedings are undertaken. Simply put, it explains the
methods and practices, that are followed in the court for a case, i.e. the
gradual phases of the lawsuit that will take place and the way in which
case is managed in the court. So, it describes the series of steps taken in
civil, criminal and administrative cases.
➢ As procedural law determines the procedure of all lawsuits, it complies
with the due process. Due process pertains to the person's legitimate
right to have legal proceedings if he/she is sued.
➢ The procedural law determines the means of imposing rights and
providing remedies to wrong. It consists of rules concerning jurisdiction,
pleading. appealing. presenting evidence, executing judgement, cost and
the like.

Code of Civil Procedure 1908

Code of Criminal Procedure 1898

ELEMENTS OF PROCEDURAL LAW:

o In Civil Cases:

• Summons
• Pleadings
• Evidence
• Judgement
• Execution

Elements of procedural law

Following are the elements of procedural law

1. Summons
A summons is a paper issued by a court informing a person that
a complaint has been filed against him/her. This is a form of legal
process that instructs the defendant to appear before the court on a
specific day and to answer the complaint made by the plaintiff.
2. Pleadings

The pleadings are every legal document which is filed in a case by

parties according to their claims and defenses, for the Judgment of the
court

3. Proof
Proof is confirmation of the fact by evidence which is basically a
necessary data which helps the court to make his decision for the case

4. Judgment

A judgment is the official and authentic decision of court which

can be in form of decision, opinion or sentence given by the court.
 5. Execution

Execution is the use of physical force of the state for enforcing

the judicial decision of court which can be death sentence or
seizing of property etc.

In Criminal Cases:

• FIR
• Investigation
• Challenge Report u/s 173
• Framing of Charge
• Examination in chief
• Evidence by Defense
• Judgment
▪ Conviction or,
▪ Acquittal

SUBSTANTIVE LAW
Substantive law is used to mean the law that states the
rights, duties and liabilities of the citizens and collective bodies. It is the
system of rules that regulate the behavior of the citizens of the country. it is
generally codified in statutes but can also be found in common law

➢ Substantive law is concerned with the substance of the case. It either

helps in suing someone or defending a person from legal proceedings
➢ Pakistan Penal Code 1860

Difference between substantive and

procedural law
Following are the other differences between procedural
and substantive law
 Substantive law Procedural law

Rights It defines rights It prescribes the modes to

enforce rights.

litigation It Concern the process and It governs the process of

subject matter of litigation. litigation and relates to
actions of civil and criminal
proceedings

As to Purpose of substantive law is Purpose of procedural law is

purpose defining rights and to define the proceeding of
obligation of the people the courts

Dealing Substantive law deals with Procedural law deals with the
with the matters outside of the matters inside the court
matters courts

Supremacy Substantive law is supreme Procedural law is sub

in nature ordinate in nature

Subject Subject matter of Subject matter of procedural

matter substantive law is to law is to regulates the
regulates the affair conduct of affairs in the
controlled by the judicial judicial proceedings
proceedings

Facts Facts constitute a wrong is Facts constitute proof a

constitute a determined by substantive wrong is a question of
wrong law procedure
 As to The abolition of capital The abolition of
abolition of punishment is an alteration imprisonment for debt is only
punishment of substantive law alteration of procedural law
as the imprisonment for debt
is only an instrument to
enforce payment

As to Substantive law is connected Procedural law is connected

connection with the public at large with the parties

Relation Substantive law develops Procedural law develops the

the relation of petitioner relation of petitioner with
with subject matter court in according with
subject matter

Conclusion:
Substantive law which defines our rights and duties of course very
important to us. Procedural law needs to be strictly followed. Legal researchers
and law students simply need to understand that procedural laws are the rules
for the legal “game” and they open the door for proceedings. When students
will prepare with the basic sources for finding and learning these rules, they
are ready to enter.