Procedural Law: Meaning and Significance

To ensure the most effective allocation of judicial resources, procedural laws are created. All procedural laws are created in accordance with legal requirements. A court cannot impose a civil or criminal penalty on someone who hasn't been given notice of the case being brought against them or who hasn't had a fair chance to defend themselves. To ensure that every judicial action is as fair as possible, the procedural laws must be uniform in how cases are filed, parties are notified, evidence is presented, and the facts are established.

The body of principles that the State recognizes and applies in the administration of justice is known as law. State creates several types of laws for this purpose, including civil law, criminal law, evidence law, contract law, corporation law, etc. These laws can mostly be split into two categories - procedural and substantive law.

What is Procedural Law?

The complex of legal regulations known as "Procedural Law" regulates how parties' rights are established in court cases. It outlines the steps to take in order to enforce rights and obligations and seek legal redress through a lawsuit.

• To be more exact, procedural law refers to rules that specify how judicial proceedings should be handled. All cases that are brought before a court must be treated fairly and consistently in order to uphold fundamental justice in other common-law nations or due process in the United States.

• It establishes rules for jurisdiction, locus standi, limitation, res-judicata, summons, pleading, practice, prosecution of crimes, evidence collection, witness examination, and the execution of decisions, among other things. Therefore, the application of substantive law is governed by procedural law.

According to Salmond 

"The law of procedure" is the area of law that controls the litigation process. It is an action-based law. The remaining matter is all substantive law, and it has to do with the goals and content of the litigation rather than its mechanics. The objectives of the administration of justice are what substantive law is concerned with.

Procedural law focuses on the methods and tools that should be used to achieve those goals. It establishes rules for how courts and parties should behave and interact during a legal proceeding. He also noted that "procedural law is concerned with affairs inside the courts of justice."

According to Holland

Procedural law largely focuses on the rights and behavior of private litigants, it also closely relates to issues like the structure of courts and the responsibilities of judges and sheriffs, which fall under the purview of public law. It consists of

• Jurisdiction (in the conflict sense),

• Jurisdiction (in the domestic sense),

• Action, which includes summons, pleadings, and the trial (including evidence),

• Judgment,

• Appeal, and

• Execution.

One definition of procedural law is a statute that

• Establishes the procedures by which other laws are to be upheld.

• Defines what facts is proof of a "wrong" or "tort" in relation to the legal process.

• The law of procedure defines the methods and criteria for applying remedies to rights that have been violated in the framework of the administration of justice.

• Outlines the procedures for: evidence collection by law enforcement and courts; searches; arrests; bail; the presentation of evidence at trial; and the sentencing process.

• All judicial processes, whether civil or criminal, fall within this law of action.

Types of Procedural Law

In India, primarily procedural law is classified as −

• Civil Procedural Law (CPC) − It exclusively deals with the civil cases such as, business dispute, property dispute, partnership dispute, family dispute, marriage and marriage dispute, etc.

• Criminal Procedural Law (CrPC) − It exclusively deals with the criminal cases such as, rape, murder, kidnapping, theft, extortion, robbery, damaging others property, and many more.

Examples of Procedural Law

Furthermore, the examples of Indian procedural law include −

• The Indian Evidence Act, 1872;

• The Code of Civil Procedure, 1908;

• The Code of Criminal Procedure, 1973;

• The Limitation Act, 1963;

• The Court Fees Act, 1870; and

• The Suits Valuation Act, 1887.

Where does Procedural Law come from?

Each court has a unique set of procedures.

• Federal courts, for example, must abide by the Federal Rules of Civil Procedure.

• The laws governing civil procedure vary from state to state. Aside from that, various courts are subject to various regulations. For instance, an issue before the Supreme Court is typically treated very differently from a case before a district court or a small claims court.

There are standard procedural requirements for all legal proceedings. If you are the subject of an administrative action, such as a choice over unemployment benefits or one that prevents your business from taking part in the Supplemental Nutrition Assistance Program, you only have a limited period of time to file an appeal.

Nature of Procedural Law

It includes −

• The methods and procedures by which substantive laws may be enforced are outlined in procedural laws.

• They lack the authority to make independent decisions in any matter.

• These laws are applied in the legal process, which occasionally may be employed in non-legal circumstances, such as the way any case will be handled or the filing of any lawsuits.

• Acts of Parliament or the executive branch of government are used to carry out these laws.

• Procedural laws specify methods and means for enforcing rights, as well as remedies for their infringement and the procedures used in each lawsuit.

According to Holland, procedural rules cover both the structure of courts and the responsibilities of judges, even though they primarily address the rights and actions of private litigants.

Conclusion

To ensure the most effective allocation of judicial resources, procedural laws are created. All procedural laws are created in accordance with legal requirements. A court cannot impose a civil or criminal penalty on someone who hasn't been given notice of the case being brought against them or who hasn't had a fair chance to defend themselves. To ensure that every judicial action is as fair as possible, the procedural laws must be uniform in how cases are filed, parties are notified, evidence is presented, and the facts are established.

Frequently Asked Question

Q1. What is the goal of Procedural Law?

Ans: Norms of civil procedure generally seek to ensure that conflicts are resolved by an impartial legal tribunal in a fair and orderly manner, as quickly as feasible, and as inexpensively as possible.

Q2. How many Procedural Law are there?

Ans: There are three important procedural statutes in India. They are the Evidence Act, the Criminal Procedure Code, and the Civil Procedure Code.

Q3. Why is Procedural Law important?

Ans: The use of procedural law prevents one party from unfairly surprising the other during a legal proceeding. It entails ensuring that everyone receives enough notice of court dates. It refers to preventing the use of delay or harassing strategies by a side.

Q4. What does the term ‘Procedural’ define in general life?

Ans: Procedural texts outline the steps that must be taken in order to make or perform an action. Recipes, science experiments, assembly manuals, and rules for playing games are a few examples of procedural literature.

Q5. Which does the term ‘procedural’ define in law?

Ans: The legislation controlling the operation of the courts and the means by which the state and the individual (the latter including groups, whether or not they are incorporated) exercise their legal rights in the various courts is known as procedural law, often known as adjective law.