Substantive Laws and Procedural Laws

Both substantive and procedural laws are inevitable components of the law of any civilized society. One without the other has neither any useful and meaningful existence nor any significance as well. Both, substantive law and procedural law, are mutually reinforcing and one acquires greater meaning and validity in the presence of the other. Both these laws have their own functions and significance. In this article, we shall discuss the concept of substantive law and Procedural law.

Substantive Law:

The law which defines rights and liabilities of individuals and collective bodies is known as substantive law. It is so called because it puts in a clear-cut and precise form the substance of the subject matter for enforcing which the courts of law and the officers of law exist. Substantive law defines, in regard to specific subject, the legal rights and relationship of people among themselves or their relation with other people or between them and state. Any wrong done by an individual, group of persons or the state against the other(s) will make the wrong-doer accordingly liable to the others. Wrongs may be either civil or criminal. Substantive law refers to all categories of public and private law, including the law of contracts, property, torts and crimes of all kinds.

Substantive law deals with the “substance” of charges. It consists of written statutory rules passed by the legislature that govern how people behave. These rules, or laws, define crimes and set forth punishment.  They also define our rights and responsibilities as citizens. There are elements of substantive law in both criminal and civil law. It requires that the prosecutor prove every element of a crime in order for someone to be convicted of that crime. The elements to be proved, depend on the crime committed and the state’s substantive laws.  Once these things are proven, the person can be taken into custody. Next, procedural law will determine the steps the case must take.

The administration of justice is civil as well as criminal. The social equilibrium of society is maintained through the machinery of criminal justice (criminal prosecution) in form of capital punishment, imprisonment, and fine. While the administration of justice in civil litigation is done in the form of civil remedies (damages, injunctions, specific performances, restitution of conjugal rights, divorce, etc.).

Civil and criminal cases share the same courts, but they have very different goals, purposes, and results. Civil wrongs are private wrong while criminal wrong is a public wrong. Hence the criminal wrong is more harmful. Hence to prevent criminal wrongs and to create fear among the public against the commitment of such wrong, the State becomes the prosecutor in criminal wrongs.

Difference Between Civil Law and Criminal Law:

Civil Law (Civil Litigation)	Criminal Law (Criminal Prosecution)
Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim.	Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses.
In Civil law, the aim is to put the person who has suffered harm back in the position they were in before the harm occurred	Criminal Law has the aim of punishing the offender in a way that is designed to prevent them from carrying out the offence again.
The existence of civil laws to set right an unfair situation.	The existence of laws preventing crime has a more general aim of creating a stable and law-abiding society.
The injured party can be an individual, corporation, or other business entity.	In Criminal prosecution, the Government is a prosecuting party.
In civil litigation the injured party is called the plaintiff and the alleged wrongdoer is called the defendant.	In criminal prosecution, the government is the prosecutor and alleged wrongdoer is called the accused or the defendant.
For the start of Civil litigation the plaintiff must be a bona fide victim and can prove the harm to him. If there is no evidence of harm, the plaintiff has no basis for the civil litigation matter. The harm may be physical as injuries suffered in an accident, monetary as in case of breach of contract, or violation of legal rights. (Cause of Action)	A criminal prosecution takes place after a defendant violates a state criminal statute (performs the act defined as a crime in Indian Penal Code), or in some jurisdictions.
In the civil litigations, the burden of proof lies mostly on the plaintiff. He /She must produce evidence beyond the balance of probabilities.	Beyond a reasonable doubt”: Burden of proof is always on the state/government.
The goal of civil litigation is not to punish the wrongdoer but to compensate the plaintiff for any injuries and to put the plaintiff back in the position that the person held before the injury occurred.	The goal of a criminal prosecution is to punish the convict. Injury and a victim are not necessary components of a criminal prosecution because the punishment is the objective, and there is no plaintiff.
In civil litigations, the court decides whether the legal rights of the plaintiff are violated or not. If rights are violated then what is the amount of compensation or granting specific relief or injunction, etc.	In criminal prosecution, the court decides whether the accused under trial is guilty or not. If the accused is guilty then the extent and type of punishment is decided by the court.
In civil litigation, both the plaintiff and the defendant must hire and pay for their own private lawyers.	The lawyer by the State is called the Public Prosecutor (PP) in India and state prosecutor or a district attorney in the US. The defendant in a criminal prosecution can be represented by a private lawyer or free attorney paid for by the State if he or she is unable to afford lawyer’s fees.
In civil litigations, constitutional protection is not available.	In criminal prosecution, constitutional protection is available.
In civil litigation, both the parties can appeal in a civil case.	In criminal prosecution, only defendant can appeal.

Examples of Substantive Laws:

• Criminal Laws: The Indian Penal Code, 1860, Domestic Violence Act, 2005, etc.
• Civil Laws: The Indian Contracts Act, 1872, The Companies Act, 2013, The Factories Act, 1948, The Transfer of Property Act, 1882, The Hindu Marriage Act, 1955, etc.

Procedural law:

The law which tells about how the courts and the officers dealing with the law act in giving effects to the substantive law of the land is known as Adjectival or Procedural law. Procedural law consists of the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative proceedings. The court needs to conform to the standards setup by procedural law, while during the proceedings. These rules ensure fair practice and consistency in the “due process”. Due process refers to the legal rights owed to a person in criminal and civil actions. While substantive law maps out the charges, procedural law is the process a case will move through from arrest to conviction.

According to Salmond (Fitzgerald, 2006) the law of procedure is the law of actions. The word ‘actions’ is used in the sense to include all legal proceedings.

Objects of Procedural Law:

• To inform about the process that a case will go through (whether it goes to trial or not);
• To determine how a proceeding concerning the enforcement of substantive law will occur;
• To prescribe the practice, procedure and machinery for enforcement of the rights and liabilities.

Examples of Procedural laws:

• Civil Procedure Code, 1908
• Code of Criminal Procedure, 1973

Relation Between Substantive and Procedural Laws:

• Substantive law and procedural law are the two main categories within the law. One without the other is useless. Both are essential for delivery of justice.
• Procedural law is an adjunct or an accessory to substantive law and renders the enforcement of substantive rights very effective.
• Both, substantive law and procedural law, are codified in the form of rules. While the substantive law refers to the body of rules that stipulate the rights and obligations of individuals and collective bodies, the procedural law is also the body of rules, but governing the process of determining the stipulated rights and liabilities of the parties in the given facts and circumstances.
• Substantive law defines the rights and duties, while procedural law provides the machinery or mechanism for enforcing the rights and duties.
• Substantive laws and procedural laws exist in both civil and criminal laws. But, in criminal law, if the procedural law is used to prevent commission of offences then it assumes the character of substantive law as well.
• Substantive law precedes the procedural law. Procedural laws sub-serve the substantive laws in the sense that the former will act as a means to promote and achieve the interests, objectives, aims or goals of the latter.

Difference Between Procedural Law and Substantive Law:

Procedural Law	Substantive Law
Deals with and specifies the practice, procedure and machinery 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
Procedural law controls flow of legal case	Substantive law controls behavior of individuals.
Procedural law has no independent powers	Substantive law has independent powers to decide the fate of a case
Procedural law is applicable to legal and non-legal context.	Substantive law, cannot be applied in non-legal contexts
Procedural law is governed by a statutory law	Substantive law  is governed by Act of Parliament or government implementation
Procedural law regulates affairs inside the courts.	Substantive law relates to matters outside the courts

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