Procedural law encompasses the rules and processes for enforcing legal rights and obligations through the court system. It includes the steps for filing a lawsuit, pre-trial procedures, trial conduct, and rules for appeals and post-trial activities. Some examples of Procedural law are CrPC ( now BNSS), CPC, IEA ( now BSA).  The primary aim of procedural law is to ensure that legal proceedings are fair and just.

Substantive law, in contrast, defines the actual rights, duties, and obligations of individuals and entities.  Substantive law specifies what actions are considered crimes, how to establish liability for breaches of contracts, and the consequences of violating property rights. Some examples of Substantive laws are IPC (now BNS), TPA, Contract Act, SRA, SOGA.

In essence, procedural law governs the methods and processes of legal enforcement, while substantive law delineates the specific rights and responsibilities under the law.

Procedural law cannot create rights or obligations that are not already established by substantive law, nor can it diminish the rights or obligations provided by substantive law. Therefore, procedural law is subservient to substantive law. Its primary role is to facilitate and advance the cause of justice, which is why it is often said that “procedure is the handmaid of justice, not its mistress.”  However, when the strict application of a procedural rule would defeat the purpose of justice, courts may interpret the rule more liberally to align with its intent, ensuring that the ultimate goal of serving justice is achieved.