Procedural law and substantive law are two fundamental branches of law that serve different purposes in the
legal system.
Procedural Law
Procedural law regulates the procedures and rules that govern the conduct of legal proceedings. Procedural
law is also known as Adjective or Remedial Law. It guides legal processes to ensure fair and consistent justice.
Procedural law has 2 branches - civil procedures and criminal procedures
Procedural law involves steps involved in bringing a case to court, from the initial filing of the case to the final
judgment. It lays down the rules for initiating a lawsuit, the pre-trial procedures, the conduct of trials, and the
rules for appeals and post-trial procedures
Procedural Law is an ‘adjunct’ or an ‘accessory’ to substantive law - It is a set of rules codified as a procedure
and its main function is to facilitate the process of adjudication to meet effectively the ends of substantive law.
Thus, the procedural law is an adjunct or an accessory to substantive law.
Examples of Criminal Procedure Laws
● Bharatiya Nagarik Suraksha Sanhita (BNSS): Replaces the CrPC
Examples of Civil Procedure Law
● Civil Procedure Code - It is intended to regulate the procedure to be followed by civil courts in
adjudicating substantive rights under different substantive laws.
Substantive Law
It defines the substance of the law. It defines the rights and obligations of individuals. Based on this we can
understand what constitutes a wrong as per law.
Substantive law has 2 branches – civil substantive laws and criminal substantive law
Examples of Substantive Civil Law
● Transfer of Property Act
● Law of Torts
● Indian Contract Act
Examples of Substantive Criminal Law
● Bharatiya Nyaya Sanhita (BNS)
Substantial Law and Procedural law are both important and interdependent
Substantive Law defines the rights and obligations of individuals while procedural law lays the procedure to
enforce the rights and obligations. Procedural law ensures that substantive law is enforced in a fair and
consistent manner to meet the ends of justice. Thus procedural law helps to meet the ends of substantive law.
Substantive law lays the basis of rights and obligations based on which the litigation will proceed and the
parties will go to the court and argue their case. Thus without the substance of law, the procedure becomes
irrelevant. This is how substantive law helps procedural law
Both substantial law and procedural law are essential for delivery of justice. One branch without the other is
useless. 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.
Substantive Law Procedural Law
Meaning It defines the substance of the law It regulates the procedures and
and the rights and obligations of rules related to enforcing the
individuals rights and obligations.
Based on this we can understand It defines how the legal
what constitutes a wrong as per proceedings will be conducted.
law.
Procedural law refers to the rules
and regulations that govern the
process of enforcing substantive
law
Purpose Substantive Law helps individuals Procedural Law helps individuals
understand ‘what is the law’. understand ‘how the law will be
enforced’?
Individuals can know what are the
rights and obligations they have It helps to ensure that the legal
as per law. process is fair and consistent
It helps them understand what
actions will constitute a ‘wrong’
under law
It makes them aware of the
consequences of the actions
prohibited by law
FOCUS Substantive law is focused on the Procedural law is more concerned
substantive issues being litigated with the technicalities of legal
proceedings
Procedural law is focused on the
process of enforcing substantive
law
SCOPE Substantive law only applies to Procedural law applies to all legal
the specific area of law that is proceedings, regardless of the
being litigated. substantive law involved.
Consequences Violations of substantive civil law Violations of procedural law can
can lead to civil liability. lead to the dismissal of a case or
the exclusion of evidence
Violations of substantive criminal
law can lead to criminal liability. For example – a violation of a
procedural rule, such as failure to
For example- a violation of serve a summons on a defendant,
substantive law, such as a breach may result in the dismissal of the
of contract or a tortious act, may case
result in the award of damages to
the aggrieved party.
