Module 4
Types of Law
a) National Law and International Law
b) The Substantive & Procedural Law
c) The Civil Law and Criminal Law
d) Penal and Remedial Law
• Ocean of knowledge can not be put in one basket
• Systematic study of various displines
• Formal and systematic approach with its jurisprudence
National Law and International Law
National Law
• National or domestic law includes the legal framework
established by a sovereign state
• To regulate the conduct, rights, and responsibilities of
individuals and institutions within its territorial jurisdiction.
Legislature enacts binding legislation
Types
Public Law
a. Consitutional Law
► It deals with constitution and working of the state, functioning of its
various departments.
► Regulates Relationship between Individual and the State or its
instrumentalities.
► It aims at promoting social objectives and the protection of the
collective interest of the individuals.
Eg. Administrative law, Constitutional laws, Criminal laws
b. Criminal Law
► Crime against body or property
► Penal sanctions
► Parties: Petitioner v. Respondent ---- State v. (Name of the Party)
► State - Doctrine of Parental Obligation (parens patriae)
Private Law
• It regulates the relationship between two individual.
• It aims at promoting individual interest against an individual.
• Parties: A v. B -Plaintiff v. Defendant.
• Sanctions are in the form of damages.
• Eg. Contract law, Law of torts, Property law, Competition law,
Family Law
International law
► It is a body of rules and principles that regulate the conduct and
relationships between sovereign states, international organizations, and,
in some cases, individuals and non-state actors.
► It establishes a legal framework that supports global cooperation in
areas such as diplomacy, conflict resolution, international trade, human
rights, and the laws of war.
► International law is horizontal - all states are sovereign and equal.
► There is no legislature in existence and it is by way of
agreements between countries (treaties) that international law
is made.
Public International Law
International Human Rights Law
• It is that body of rules which governs the conduct and relations of states
with each other.
• It includes international status and deals with questions relating to peace,
war and neutrality.
Ex- Universal Declaration of Human Rights, 1948
• Crime against Humanity
Ex - Nuremberg Trail post world war II
Private International law
• It is the system of law in a country governing the relations of the citizens
of that country in international matters affecting foreign contracts
• It applies to individuals and not to states
• It primarily deals with private rights, duties and liabilities of citizens in
case of international matters/transactions.
• ex. Convention on Foreign Arbitral Award , 1958
The Civil Law and Criminal Law
Civil Law
Definition
► These laws deals with breach of civil obligations
► Purpose
► To deal with the disputes in which compensation is awarded to the victim.
Case filed by
► Private party
Decision
► Defendant can be found liable or not liable
Type of punishment
► Compensation (usually financial) for injuries or damages, or an injunction.
Criminal Law
Definition
► body of law that deals with the criminal offenses.
Purpose
► To maintain the stability of the state and society by punishing offenders and deterring them and
others from criminal acts.
Case filed by
► Government
Decision
► Defendant is convicted if guilty and acquitted if not guilty
Type of punishment
► Custodial (imprisonment) or Non-custodial punishment (fines or community service).
► In exceptional cases, the death penalty.
The Substantive & Procedural Law
Substantive Law:
► It defines rights, duties, claims, remedy.
► Concerns the purpose and subject matter of litigation
► Statutory Law that defines and determines the rights and obligations of the
citizens to be protected by law, crime or wrong and also their remedies;
determines the facts that constitute a wrong
► Eg. BNS Code, 2023, Indian Contract Act, etc.
Procedural Law:
► It identifies the procedure for the enforcement of those rights.
► Governs the process of litigation and relates to action of civil and
criminal proceedings
► Means and instruments by which ends of administration of justice are to
be attained
► Eg. CPC, BNSS, 2023
Penal and Remedial Law
Remedial Law
• Remedial Statutes deal with the wrongs against an individual.
• Remedial Statutes provides a remedy for infringement of rights
• It deals with wrongful acts for which remedy is civil action.
• Duty is fixed on parties and the injured party takes action
• ex- Labour Laws, Laws relating to women
Penal Law
• Penal Statutes deal with the wrongs against the State
• They deal with those matters which affect the whole community. (Public
Law)
• Penalty such as imprisonment, fine, forfeiture etc is imposed on the
offender
• Duty is fixed by the State
• Ex - BNS Code
General and Special Law
General law:
► Expected to have general application irrespective of caste, creed, religion or any other
consideration.
► Not limited in its application to particular locality but applies to whole of the territory in
the country.
► Eg. BNS, Constitution
Special law:
► A special law is a law made to deal with a specific subject, group of people, area, or
situation.
► Special laws are designed to handle particular problems or circumstances that
require focused attention.
► Eg. Information Technology Act, 2000 (IT Act), Protection of Children from Sexual
Offences Act, 2012 (POCSO), The Dowry Prohibition Act, 1961