Generally, the law has a two-fold nature: substantive and procedural. One without another is immaterial. They coincide with one another. Their close relation makes the law valuable.
a. Substantive Law:
Substantive law is based on legal principles and is related to the subject matter and motive of the law. It is real and actual law. It describes what law ought to be. It deals with the content of law and is of idealistic nature. It is known as fundamental law, e.g., Constitution of Nepal, 2072.
b. Procedural Law:
It is related to the legal procedure provisioned by law. Mere enacting rights and powers in the legal provisions may not be adequate. There must be contained the provisions of the procedures to achieve the aims of the law. It deals with “how the content of the law is implemented.” Procedural law describes the methods and ways to achieve the rights prescribed by the law. It deals with the process regarding how to acquire the legal remedy and it explains the instructions to the remedy to redress rights, e.g., law of evidence. It refers to the procedures for putting the law into practice.
Difference Between Substantive Law and Procedural Law
| Criteria | Substantive Law | Procedural Law |
| Definition | Refers to rules defining rights, duties, and obligations of individuals and entities. | Refers to rules governing the process of enforcing substantive Law. |
| Nature | Known as the law of rights and powers. | Known as remedial law. |
| Purpose | It is the end of the law. | It is the means of law. |
| Content | Contains the right and remedies of the victim party. | Contains modes and conditions to restore rights. |
| Relationship | Determine the rights and relationship of the parties in a case. | Determines the relationship between the court and the parties in a case. |
| Time Perspective | Prospective ( Not influenced by retrospective effects.) | Influenced by retrospective effects. |
| Nature of Law | Ideal in nature. | Behavioral in nature. |
| Examples | Property law, contract law, tort law, criminal law. | Rules for initiating lawsuits, pre-trial, procedures, conduct of trials, appeals, and post-trial procedures. |