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CLASSIFICATION OF LAWS

1. 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 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 courts 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, a
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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