SUBSTANTIVE & PROCEDURAL LAWS

Substantive law and procedural law work together to ensure that

in a criminal or civil case, the appropriate laws are applied and the
proper procedures are followed to bring a case to trial.
Substantive Law Explained
Substantive law consists of written statutory rules passed by
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.
Civil law differs from criminal law in that it applies to
interactions between citizens. Rather than dealing with
crime, civil law deals with tort, or actions that aren't
necessarily illegal but can be proven to be damaging in
some way.
For example, if you sue a neighbor for cutting down a tree
and letting it land on your house, that would be a civil case
dealing with tort rather than a criminal case dealing with
crime.
Substantive law is used to determine whether a crime or tort has
been committed, define what charges may apply and decide
whether the evidence supports the charges.
Substantive law defines, in regard to a specific subject, the legal
rights and relationship of people with other people or as between
them and the state.

 Murder is an offence under Indian penal code (IPC) and is

defined there in. The IPC also provides for punishment for
the crime. This is known as substantive law,
Similarly, the provision of the Indian contract Act,1872, are
substantive in nature procedural law deals with the methods
and means by which substantive law is made and
administered, It lays down the rules governing the manner in
which a rights is enforced under civil law (such as the Indian
penal code).
Thus a legal action is started by taking out a writ in a civil case; by
a summon or an arrest in a criminal case, and ends by the trial
and judgment in the court itself, followed by the execution of the
judgment.
In order to enable a statute to be valid it is necessary to follow
legislative procedure. For example, Article 107 of the constitution
of Indian makes provisions as to introduction and passing of Bills
by the parliament.
Many a time, the distinction between substantive law and
procedural law is not clear. This is because many rules classified
as procedural in character might be just as easily classified as
substantive as they actually affect rights and duties. Though
substantive law is more important, but incorrect or improper
procedures can deprive a person of his substantive rights and
remedies.
FOR EXAMPLE : Accident by rash. Substantive law says that it
is a crime punishable by a term in prison.
The substance of charges, or elements of a crime or tort, must
be carefully evaluated to determine whether a crime or tort really
exists. In other words, specific facts need to be proven true in
order to convict somebody of a crime or a tort.

In the case of a person caught driving while intoxicated, a few

things would have to be proven:

The person was driving the vehicle

The person acted in ways that gave the police a reason to
believe he or she was intoxicated
The person was over the legal limit per a field sobriety
and/or Breathalyzer test

Once these things are proven, the person can be taken into
custody. Next, procedural law will determine the steps the case
must take.
Procedural Law Explained
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".

In case of arrest:
1. You must be informed of the reasons for your arrest
(Fundamental Rights : Article 22 and Sec.50 Cr.P.C.)
2. You have a right to see the warrant if you are arrested under
warrant (Sec.75 Cr.P.C.)
3. You have a right to consult a lawyer of your choice.
(Fundamental Rights: Article 22 of the Constitution);
4. You must be produced before the nearest Magistrate within 24
hours (Fundamental Rights: Article 22 of the Constitution);
5. You must be told whether you are entitled to be released on
bail. (Sec.50 Cr.P.C.)

In the case of an arrest USA, the 14th Amendment applies to the

degree that one can be charged with a crime but still has rights to
a speedy, fair and impartial trial. Charges must be filed with the
court within a specific time frame. The exact amount of time
varies by jurisdiction, but 72 hours is usually the maximum time a
citizen can be held without being formally charged with a crime. In
some places, though, the maximum is 48 hours.
For example, in our drunk driving case, substantive law proved
that the person was drunk while driving a vehicle. The police were
within their rights to make the arrest, but due process requires
that the person must be aware of all charges within 72 hours of
his or her arrest.
Procedural Law Process
While substantive law maps out the charges, procedural law is the
process a case will move through from arrest to conviction. This is
a hypothetical set of procedural steps a case could move through:
Substantive law is a statutory law that deals with the legal
relationship between people or the people and the state. Therefore,
substantive law defines the rights and duties of the people, but
procedural law lays down the rules with the help of which they are
enforced. The differences between the two need to be studied in greater
detail, for better understanding.

Thus, provision of substantive law defines rights and duties while

procedural law provides the machinery for enforcing those rights
and duties.

Comparison chart

Definition

Powers
Application
Regulation

Procedural Law

Substantive Law

Deals with and lays down the ways

and means 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

No independent powers

Independent powers to decide the fate of a

case

Can be applied in non legal contexts Cannot be applied in non legal contexts
By statutory law

By Act of Parliament or goverment

implemation

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Procedural law provides the process that a case will go through (whether it goes to trial or not). The
procedural law determines how a proceeding concerning the enforcement of substantive law will
occur. Substantive law defines how the facts in the case will be handled, as well as how the crime is
to be charged. In essence, it deals with the substance of the matter. Even though both are affected
by Supreme Court opinions and subject to constitutional interpretations, each serves a different
function in the criminal justice system.

Some Basic Rules of Criminal Procedure

Procedural law is exactly what the name implies. It sets out the procedure for how a criminal case
will proceed. Every state has its own set of procedures which are usually written out in a set of rules
called a code of criminal procedure. The basic rules which most jurisdictions follow include:
1.
2.

An arrest must be based on probable cause;

A state or federal prosecutor files a charging instrument setting out what you are accused of
doing;

3.

You are arraigned on the charges;

4.

You advise the court whether or not you are seeking court-appointed counsel;

5.

A bond amount will be set in your case;

6.

You will be sent notice of a court appearance;

7.

If you cannot reach a plea bargain agreement, then your case is set for a pre-trial and trial;

8.

If you are convicted at trial, you have the right to appeal.

Punishment Systems Differ

How much detail is required for each phase of the criminal procedures will vary depending on the
nature of your charges and what agency is prosecuting you. For example, Texas has a bi-furcated
trial system where first you must be found guilty, and then the jury can hear punishment evidence. A
jury is given a range of punishment to assess in your case. The range of punishment for a first
degree felony is not less than five years and up to ninety-nine years or life. This is in stark contrast to
the federal procedural law. Federal judges assess punishment and are required to utilize federal
sentencing guidelines instead of a wide range system. A federal defendants criminal history will be
researched and summarized in a report by a federal probation officer. Its much easier to predict
what your sentence will be in the federal system because the punishment procedures are based on
a point system.