Classification of

Law

5/13/17 LM 2016 1
 CLASSIFICATION OF LAW
PUBLIC
LAW PRIVATE

CIVIL
LAW CRIMINAL

SUBSTANTIVE
LAW PROCEDURAL

5/13/17 LM 2016 2
 Public law
The public law is that branch of law
which determines and regulates the
organization and functioning of
states (country). Also it regulates the
relation of the state (country) with its
subjects.

5/13/17 LM 2016 3
 Public law includes (i) constitutional
law, (ii) Administrative law (iii)
criminal law, (iv) municipal law (v)
international law; criminal law is
enforced on behalf of or in the name
of the state.

5/13/17 LM 2016 4
 Private law
Private law is that branch of the law which
regulates those of the relation of the citizens with
one another as are not of public importance .In
this sense the state, through its judicial organs,
adjudicates the matters in dispute between them.
In other words, it is primarily concerned with the
rights and duties of individuals to each other
.under it, the legal action is begun by the private
citizens to establish rights (In which the state is
not primarily concerned) against another citizens
or a group of citizens.

5/13/17 LM 2016 5
 Private law
Private law includes, (i) Law of
contract (ii) Law of tort (iii) Law of
property (iv) Law of succession, (v)
family laws. Private law is
sometimes, referred to as civil law. In
the case of private law the role of the
state is merely to recognize and
enforce the relevant law.

5/13/17 LM 2016 6
 Civil Law
Civil law deals with the disputes
between individuals, organizations in
which compensation is awarded to
the victim.

5/13/17 LM 2016 7
 Criminal Law
Criminal law (also known as Penal
law) is the body of statutory and
common law that deals with crime
and the legal punishment of criminal
offenses.

5/13/17 LM 2016 8
 Distinction : Civil -Criminal
Civil law and criminal law are two broad
and separate entities of law with separate
sets of laws and punishments.
According to William Geldart, Introduction
to English Law (D.C.M. Yardley ed., 9th ed.
1984), "The difference between civil law
and criminal law turns on the difference
between two different objects which law
seeks to pursue - redress or punishment.

5/13/17 LM 2016 9
Distinction : Civil -Criminal
Civil Law Criminal Law
The object of civil law is In the case of crimes, the
the redress of wrongs main object of the law is
by compelling to punish the wrongdoer;
compensation or to give him and others a
strong inducement not to
restitution: the
commit same or similar
wrongdoer is not crimes, to reform him if
punished; he only possible and perhaps to
suffers so much harm satisfy the public sense
as is necessary to make that wrongdoing ought to
good the wrong he has meet with retribution.
done. The person who
has suffered gets LMa2016
5/13/17 10
Burden of proof
Civil Criminal
Criminal :"Beyond a
reasonable doubt":
Civil : "Preponderance of
Burden of proof is
evidence" Burden of proof
is initially on the plaintiff
always on the
and then switches to the state/government.
defendants. Theft (by deception or
Example: Landlord/tenant unlawful taking),
disputes, divorce assault, robbery,
proceedings, child trafficking in
custody proceedings, controlled substances,
property disputes (real
alcohol intoxication,
estate or material), etc.
etc.
5/13/17 LM 2016 11
 Type of punishment
A defendant in civil litigation is never
imprisoned. Losing defendant in civil litigation
only reimburses the plaintiff for losses caused by
the defendants behavior. Either party (plaintiff
or defendant) can be found at fault.
A guilty defendant is punished by either
imprisonment in a jail or fine paid to the
government, or, in exceptional cases, the death
penalty.
Case filed by:Civil : Private party
Criminal : Government

5/13/17 LM 2016 12
 Substantive Law
Substantive law is a statutory law
that deals with the legal relationship
between people or the people and
the state. Therefore, substantive law
defines the rights and duties of the
people.

5/13/17 LM 2016 13
 Procedural law
Procedural law comprises the set
of rules that govern the proceedings
of the court in criminal as well as civil
and administrative proceedings. The
court needs to conform to the
standards setup by procedural law.
These rules ensure fair practice and
consistency.

5/13/17 LM 2016 14
 Distinction
Substantive law defines, in regard to a
specific subject, the legal rights and
relationship of people with other people or as
between them and the state.
Thus, murder is an offence under Indian
penal code (IPC) and is defined there in. The
IPC also provides for punishment for the
crime. This is known as substantive law,
Similarly, the provision of the Indian contract
Act,1872, are substantive in nature.

5/13/17 LM 2016 15
 Distinction
Thus, provision of substantive law defines
rights and duties while procedural law
provides the machinery for enforcing
those rights and duties.
Thus, a legal action is started by taking
out a notice in a civil case; by a summon
or an arrest in a criminal case, and ends
by the trial and judgment in the court
itself, followed by the execution of the
judgment.
5/13/17 LM 2016 16
 Distinction
Procedural law deals with the
methods and means by which
substantive law is made and
administered, It lays down the rules
governing the manner in which a
rights is enforced under civil law.

5/13/17 LM 2016 17
 Distinction
In order to enable a statute to be valid it is necessary
to follow legislative procedure. For example, Article
107 of the constitution of India makes provisions as to
introduction and passing of Bills by the parliament.
Many a time, the distinction between substantive law
and procedural law is not clear. This is because many
rules classified as procedural in character might be
just as easily classified as substantive as they
actually affect rights and duties. Though substantive
law is more important, but incorrect or improper
procedures can deprive a person of his substantive
rights and remedies.

5/13/17 LM 2016 18