NIOS Class 12 Introduction to Law Chapter 11 Substantive Law and Procedural Or Adjective Law

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NIOS Class 12 Introduction to Law Chapter 11 Substantive Law and Procedural Or Adjective Law

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Substantive Law and Procedural Or Adjective Law

Chapter: 11

Module – 3 Classification of Law

INTEXT QUESTIONS 11.1 

Write True/False. 

1. “The distinction between Substantive Law and Procedural Law is artificial and illusory”. (True/False) 

Ans: True.

2. “The Separation between Substantive Law and Procedural Law is sharply drawn in theory but in practical operation many procedural rules are wholly or substantially equivalent to rules of Substantive Law” Salmond. (True/ False)

Ans: True.

INTEXT QUESTIONS 11.2 

1. List the various Sources of Substantive Law. 

Ans: The Substantive Laws are basically derived from Common Law, Statutory Law, Constitution and from the Legal Precedents.

2. Define Substantive Civil Law.

Ans: Substantive Law is a Statutory Law that deals with the relationship between the people and the State. Substantive Law defines the rights and the duties of the people. The Substantive Civil Law can be defined as a Law which includes any private wrong, which unfairly causes someone else to suffer loss or harm resulting in legal liability.

INTEXT QUESTIONS 11.3 

1. Define Procedural Law. 

Ans: Procedural Law is that Law which prescribes methods of enforcing rights or obtaining redress for their invasion; machinery for carrying on a suit. Procedural Law deals with the enforcement of Law that is guided and regulated by practice, procedure and Machinery. This law is very important in the administration of Justice. 

2. Give examples of Civil Procedural Law in India. 

Ans: The Code of Civil Procedure, 1908; Code of Criminal Procedure, 1973;Indian Evidence Act, 1872; Limitation Act, 1963; The Court Fees Act 1870; The Suits Valuation Act 1887 are examples of Procedural Law in India.

3. Give examples of Criminal Procedural Law in India. 

Ans: In India, The Criminal Procedure Code 1973, provides the procedure for punishing the penal offences. 

4. List the various Sources of Procedural Law.

Ans: The various sources of Procedural Law are: 

(i) Constitutional Law. 

(ii) Statutes enacted by Legislature. 

(iii) Rules the Supreme Court and. 

(iv) Written Regulations promulgated by Law Enforcement Agencies for their employees.

INTEXT QUESTIONS 11.4 

Write True/False:

1. The Substantive Law defines and determines the obligations and rights of people and legal entities. (True/False) 

Ans: True.

2. The Procedural Law lays down the Method of aiding, the steps and procedures for the enforcement of Law – Civil and Criminal. (True/False)

Ans: True.

INTEXT QUESTIONS 11.5 

Write True/False. 

1. In general, all Laws are retrospective unless a legislation specifies so. (True/False) 

Ans: True.

2. Both– Public and Private Law may be ‘Substantive Law or Procedural Law’. (True/False)

Ans: True.

INTEXT QUESTIONS 11.6 

Write True/False. 

1. An exclusive evidential fact is practically equivalent to a constituent element in the title of the right to be proved. (True/False) 

Ans: True.

2. Conclusive evidential fact is equivalent to and tends to take the place of the fact proved by it. (True/False)

Ans: True.

TERMINAL EXERCISES

1. Define ‘Substantive Law’. 

Ans: Substantive Law refers to that branch of law which defines the rights, duties, and liabilities of individuals and collective bodies. It lays down the actual principles and rules by which legal relationships are governed. Substantive laws are derived from Common Law, Statutory Law, Constitutional Law, and judicial precedents established through court decisions. Over time, as new statutes are enacted, the volume of substantive law has expanded.

For Example:- Penal Law, Law of Contract, Law of Property, Specific Relief Act, etc are Substantive Law.

2. Define ‘Procedural Law’ or Adjective Law. 

Ans: Procedural Law, also known as Adjective Law, is the branch of law that lays down the methods, processes, and machinery for enforcing the rights and duties defined by Substantive Law. It governs how legal proceedings are conducted — from filing a case to delivering judgment — and ensures fair administration of justice.

Procedural Law provides the framework within which courts and legal authorities operate. It is derived from Constitutional provisions, legislative statutes, rules and regulations framed by law enforcement agencies, and the procedural guidelines laid down by the Supreme Court and other judicial bodies.

Examples: The Code of Civil Procedure (CPC), 1908, and the Code of Criminal Procedure (CrPC), 1973 are classic examples of Procedural or Adjective Laws in India.

3. Distinguish between Substantive Law and Procedural or Adjective Law with the help of Examples. 

Ans: 

Basis of Difference	Substantive Law	Procedural (Adjective) Law
Meaning	It defines rights, duties, and liabilities of persons and institutions.	It prescribes the procedures and methods for enforcing those rights and duties.
Purpose	To determine the content of rights and obligations.	To provide the mechanism to enforce those rights and obligations.
Function	It deals with “what is the law?”	It deals with “how to apply the law?”
Nature	Concerned with the substance of law.	Concerned with the form and process of law.
Scope	Includes laws like Criminal Law, Contract Law, Property Law, etc.	Includes laws like the Code of Civil Procedure (CPC), Code of Criminal Procedure (CrPC), etc.
Examples	Indian Penal Code (IPC), Indian Contract Act, Specific Relief Act.	Code of Civil Procedure (1908), Code of Criminal Procedure (1973).
Dependency	Substantive Law is independent and self-sufficient.	Procedural Law depends on Substantive Law for its application.

4. Describe those Rules/Principles, where the Procedural Law and Substantive Law may be same.

Ans: Rules/Principles where Procedural Law and Substantive Law may be the Same:

 (i) Law of Limitation: The Limitation Act fixes the time within which a case must be filed. It is procedural because it regulates the filing of suits, but it also becomes substantive as it can extinguish the right itself after expiry of the period.

(ii) Law of Evidence: The Indian Evidence Act, 1872, serves both functions — it defines what facts are legally relevant (substantive) and prescribes how those facts are to be proved in court (procedural).

(iii) Doctrine of Estoppel: Under Section 115 of the Evidence Act, a person who once makes a statement cannot deny it later. It affects both the procedure of presenting evidence and the substantive right to contradict one’s earlier act.

(iv) Principle of Res Judicata: As per Section 11 of the Code of Civil Procedure (CPC), once a matter is finally decided, it cannot be re-litigated. This rule governs both procedure (bar to trial) and substance (finality of judgment).

(v) Special Statutory Provisions: Certain special laws like the Consumer Protection Act, 2019 or the Industrial Disputes Act, 1947 define individual rights (substantive) and also provide the procedure for enforcing them (procedural).

(vi) Right to Fair Trial: Constitutional and procedural guarantees such as Article 21 of the Indian Constitution ensure fairness in trial. These are procedural safeguards but also form part of the substantive right to life and liberty.

5. Discuss whether the Substantive Law and Procedural Law are retrospective or prospective in nature.

Ans: Substantive Law — Generally Prospective:

(i) Substantive Law defines the rights, duties, and liabilities of persons.

(ii) It is prospective in nature, meaning it applies only to actions and events that occur after the law comes into force.

(iii) Applying it retrospectively would affect vested rights and violate the principle of natural justice.

(iv) Example: A new law that increases punishment or creates a new offence cannot apply to acts committed before its enactment.

(v) Constitutional safeguard: Article 20(1) of the Indian Constitution prohibits retrospective criminal legislation.

Procedural Law — Generally Retrospective:

(i) Procedural Law deals with the machinery or method of enforcing rights and liabilities.

(ii) It is retrospective in nature, meaning it applies to all pending and future proceedings, unless the legislature expresses a contrary intention.

(iii) Since it does not affect vested rights but only regulates the process, its retrospective application is permissible.

(iv) Example: A new rule changing the time for appeal or the format of pleadings applies to ongoing cases as well.