How Substantive Law different from Procedural Law? | Substantive Vs Procedural Law

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Published at : 22 Dec 2020
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Difference between Substantive and Procedural Law.

Key Differences Between Procedural Law and Substantive Law-

1. By procedural law, we mean the law that prescribes the methods, procedure and machinery for the enforcement of rights and obligations. On the other extreme, substantive law alludes to the law that deals with the subject matter of the case and states the rights and obligations of the parties concerned.

While procedural law determines the manner in which the case is filed or appeal is made, the substantive law regulates the conduct of the individual or government agency.

The procedural law creates the mechanism for the enforcement of the law. Unlike substantive law, which states the rights and obligations of the citizens.

The procedural law applies to both legal and non-legal matters. Conversely, the substantive law cannot be applied to non-legal matters.

The statutory law regulates the procedural law, whereas substantive law is governed by the act of parliament.

The procedural law is all about the initiation and prosecution of civil and criminal proceedings. As against, the substantive law pertains to the rights and duties of parties concerned and punishment for the wrongdoer.

The procedural law deals with the affairs inside the court like appealing, presenting evidence, representation of counsel, pleading, reviewing etc. Unlike, substantive law which is concerned with matters outside the court, like fundamental rights and liabilities of the members of the society.

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