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Introduction and Juristic View, Meaning and Nature of Substantive and Procedural Law

Introduction and Juristic View

  • Salmond has stated that The Law of Procedure may be defined as that branch of the law which administers the process. Substantive Law is concerned with the ends which the administration of justice seeks. It determines their conduct and relations in respect of the subject matters of the case. Procedural Law is concerned with affairs inside the courts of justice β€œwhile” Substantive Law deals with matters in the world outside.
  • Another juristic view is that there is no distinction between Substance and Procedure. The distinction between Substantive is related to remedy and Procedural Law is related to decide machinery. The distinction is artificial and illusory.

Meaning and Nature of Substantive Law

  • Nature of Substantive law: The Substantive Laws are derived from Common Principles found in judicial decisions to cases and their related premises. With the evolution of time there is necessary alteration in Laws.
  • Substantive Law is a Statutory Law that defines and determines the rights and obligations of the citizens to be protected by law; defines the crime or wrong and also their remedies; determines the facts that constitute a wrong.
  • Substantive Law is a Statutory Law that deals with the relationship between the people and the State.
  • It provides remedies and protects rights and duties of people.
  • The Civil Law includes any private wrong, a β€˜Tort’ , which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits such act. Sustentative Law defines to charge against the β€˜Tort’ .
  • The Indian Penal Code (IPC) in India defines various penal offences and lists the elements that must be proved to convict a person of a crime. It also provides for punishment applicable to these offences. For example, laws related to Murder, Robbery, Rape, Assault etc.

Meaning & Nature of Procedural Law

  • Procedural law is the enforcement of law that is guided and regulated by the practice, procedure and machinery, the rules and procedural guidelines laid down by the Supreme Court.
  • It comprises of (i) jurisdiction (in the conflicts sense) ; (ii) jurisdiction (domestic sense) ; (iii) the action, including summons, pleadings, trial (including evidence) ; (iv) judgment; (v) appeal; (vi) execution.
  • Procedural Law is that law which prescribes method of enforcing rights or obtaining redress; machinery for carrying on a Suit.
  • Civil Procedural Law consists of the rules and standards which courts follows while conduct civil trials.
  • Civil actions concern with the judicial resolution of claims by private individual or group, companies, government.
  • Law relating to criminal, Procedure provides or regulates the steps by which one that violate a criminal Statute is punished.
  • Procedural Criminal Law can be divided into two parts, the investigatory and the adjudicatory stages. In the investigatory phase, investigation primarily consists of ascertaining of facts and circumstances of the case.
  • The adjudicatory phase begins when with the trial of suspect for the criminal conduct in the court of Law.
  • In India Criminal Procedure Code, provides the procedure of getting the penal offences prosecuted and punished by the criminal courts. It also lays down the details regarding the arrest, investigation, bail, jurisdiction, appeals, and revisions of cases.

Equivalent principles of Substantive and procedural law:

Of these equivalent Procedural and Substantive principles there are at least three classes as follows:

  • The Rule of Evidence that a Contract can be proved only by writing corresponds. This is an evidential fact and is practically equivalent.
  • Conclusive evidential fact is equivalent to and tends to take the place of the fact proved by it. E. g. no child under the age of 18 is punishable for a crime.
  • The limitation of actions is the procedural equivalent of the prescription of rights. The former is the operation of time in severing the bond between right and remedy; the latter is the operation of time in destroying the right