What do you understand by Substantive and Adjective Law? In which category do you place the law of evidence? Explain.

Question: What do you understand by Substantive and Adjective Law? In which category do you place the law of evidence? Explain. [HR.J.S. 2001]

Find the answer to the mains question of the Law of Evidence only on Legal Bites. [What do you understand by Substantive and Adjective Law? In which category do you place the law of evidence? Explain.]

Answer

The complete ‘corpus juris’ i.e., a body of laws, is divided into two categories:

1. Substantive Laws – This means a set of rules and regulations that govern the society. The Laws by which rights, duties, and Liabilities are defined are called “Substantive law”. For example Indian Penal Code.
2. Procedural Laws or Adjective Laws– These are the set of rules and regulations which deal with the law governing procedural aspects such as evidencing, pleading, etc.

But the law of evidence neither comes under substantive law nor under procedural law, rather it is a subject matter of ‘adjective law’, which defines the pleading, evidencing, and procedure with respect to substantive laws.

Indian Evidence Act is primarily based on the English Law of Evidence but the Act is not exhaustive and does not contain the whole of the rules of evidence.

Law of Evidence, according to Sir James. F. Stephen –

“The law of evidence is that part of the law of procedure, which with a view to ascertaining individual rights and liabilities in individual cases, it decides :

1. What facts may and what may not be proved in such cases?
2. What sort of evidence must be given to a fact which may be proved and
3. By whom and in what manner the evidence must be given by which any fact is proved.”

So, the Law of Evidence is the law of procedure i.e. adjective law. Evidence Act does not define or fix rights or liabilities under the law but only prescribes the mode by which rights or liabilities or parties are as curtained. It is thus adjective law and helps in proving or implementing the substantive law.

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Important Mains Questions Series for Judiciary, APO & University Exams

1. Law of Evidence Mains Questions Series Part-I
2. Law of Evidence Mains Questions Series Part-II
3. Law of Evidence Mains Questions Series Part-III
4. Law of Evidence Mains Questions Series Part-IV
5. Law of Evidence Mains Questions Series Part-V
6. Law of Evidence Mains Questions Series Part-VI
7. Law of Evidence Mains Questions Series Part-VII
8. Law of Evidence Mains Questions Series Part-VIII
9. Law of Evidence Mains Questions Series Part-IX
10. Law of Evidence Mains Questions Series Part-X