Substantive Law and Procedural or Formal Law

  • Substantive law is the one dealing with the topic/subject with which it has been connected, for instance, The Indian Contract Act 1872, Hindu Marriage Act, 1955, Indian Penal Code, 1890, etc.
  • It refers to the body of rules that determine the rights and obligations of individuals and collective bodies. In other words, it deals with that aspect of a legal system that creates, defines, and regulates the duties, liabilities, and rights of the legal entities. 
  • Procedural or formal law deals with evidence and procedure in the court of law.
  • It deals with the technical aspects (that is, practices and procedures) and prescribes the steps for enforcing the rights and liabilities under the various substantive laws. In other words, procedural law contains the procedure to be followed in trials and appeals.
  • Procedural law prescribes the means of enforcing rights or providing redress of wrongs and comprises of rules pertaining to jurisdiction, pleading practice, evidence, appeal, execution of judgments, representation of counsel, costs, and other incidental matters.
  • Procedural law is commonly contrasted with substantive law in varied respects. To illustrate with an example, substantive law would describe how two people might enter into a contract, procedural law would explain how someone alleging a breach of contract might seek the court’s help in enforcing the same.
  • Procedural law regulates the conduct and the relation of courts and litigants in respect of the litigation itself whereas, substantive law determines their conduct and relation in respect of the matter litigated.
  • Substantive law is concerned with the ends/object which the Administration of Justice seeks. On the other hand, procedural law deals with the means and instruments by which these ends are to be attained.
  • Laws are predominantly substantive or procedural. However, substantive law may also contain procedure in it, for example, Company Law. In such cases, where the rule of formal law differs from a rule of substantive law, the latter prevails over the former because all formal laws deal with the form and not with the spirit. 



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