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Classification of Law: Public Law and Private Law

Updated 10 October 2026 · Fact-checked

Law is classified in three common ways. Public law governs the State and its relations with people; private law governs people with each other. Civil law gives remedies for private wrongs; criminal law punishes offences against society. Substantive law creates rights and duties; procedural law lays down how to enforce them.

Understand Classification of Law: Public and Private Law

Law is a large body of rules. To study it, we sort it into groups. The sorting depends on who is involved, what kind of wrong is dealt with, and whether the rule creates a right or explains how to enforce it.

Public law and private law. Public law deals with the State and its relationship with individuals. Constitutional law, administrative law and criminal law are the usual examples. The State is a party, and the matter concerns the public interest. Private law deals with relations between individuals or private bodies. Law of contract, law of torts, property law and family law are typical examples. The State acts only as the referee.

Civil law and criminal law. Civil law deals with disputes over private rights. The person whose right is hurt files a case and seeks a remedy such as damages, an injunction or specific performance. Criminal law deals with acts the State treats as offences against society. The State prosecutes, and the punishment can be fine, imprisonment or both. Example: a seller who fails to deliver goods under a contract faces a civil case. A person who steals the goods faces a criminal case.

Substantive law and procedural law. Substantive law defines rights, duties and offences. The Indian Contract Act is an example. Procedural law (also called adjective law) lays down the steps to enforce those rights: filing, summons, evidence, trial and appeal. The Code of Civil Procedure and the Code of Criminal Procedure are examples. Substantive law says what you can claim; procedural law says how to claim it.

One act can lead to both civil and criminal action. Do not treat the categories as watertight boxes. Each pair is a different lens on the same body of law.

Key formulas to remember

Public vs private law: Public law = State and individual; Private law = individual and individual; Test: is the State or public authority a party acting as such? Examples: constitutional and administrative law (public); contract and tort (private).
Civil vs criminal law: Civil = private right, remedy; Criminal = offence against society, punishment; Civil: the aggrieved person sues for compensation or other relief. Criminal: the State prosecutes.
Substantive vs procedural law: Substantive = what the right or duty is; Procedural = how to enforce it; Procedural law is also called adjective law. Procedure codes (civil and criminal) are procedural, not substantive.

How to solve Classification of Law: Public and Private Law questions

Most questions give you a statute, a situation or a pair of terms and ask you to place it in a category. Use this method.

1Read the question and note which pair is being tested: public/private, civil/criminal or substantive/procedural.
2Identify the parties. If the State prosecutes or governs, think public or criminal. If two individuals are in dispute, think private or civil.
3Identify the purpose. Compensation or relief means civil. Punishment means criminal.
4Ask whether the rule creates a right, duty or offence (substantive) or explains how to file, prove or appeal (procedural).
5Match the statement with a known example: Constitution and administrative law (public); contract, tort and property (private); Code of Civil Procedure (procedural).
6Eliminate options that mix features from opposite categories, then pick the one that fits fully.

Quickest way: Who, why, how: a 10-second check

When to use it: Use for direct MCQs asking you to identify, match or distinguish categories of law.

Who is the wronged party or the main party? State means public or criminal; individual means private or civil.
Why does the law act? Remedy means civil; punishment means criminal.
How does the rule operate? Defines the right means substantive; gives the process means procedural.
Cross out options that give a wrong example, such as listing a procedure code as substantive law.

Common mistakes in Classification of Law: Public and Private Law

Treating criminal law as private law because the victim is a person.
Students focus on who suffered, not who prosecutes.
Fix: Remember the State prosecutes in crimes, and criminal law is usually grouped under public law.
Thinking civil law and private law are exactly the same thing.
Both deal with disputes between individuals, so they look identical.
Fix: Private law is the broad branch (contract, tort, property). Civil law in the civil/criminal pair refers to the remedy-based side. Answer according to the pair asked.
Calling the Code of Civil Procedure substantive law.
The word civil suggests rights and duties.
Fix: Any code that lays down the steps of suit, evidence or trial is procedural. The word procedure in the title is a clue.
Assuming an act can be only civil or only criminal.
Students memorise the two as strict opposites.
Fix: One act, such as fraud or assault, can give rise to both a civil claim for damages and a criminal prosecution.
Saying punishment is the aim of civil law.
Mixing up damages with a fine.
Fix: Civil law aims at compensation or relief to the aggrieved person. Punishment belongs to criminal law.

Worked examples

Example 1

Rohan agrees to sell 100 bags of rice to Meera for ₹50,000 but does not deliver. Meera sues him for damages. Which kind of law applies, and which category does the Indian Contract Act belong to? (a) Criminal law; procedural law (b) Civil law; substantive law (c) Public law; substantive law (d) Civil law; procedural law

Show the solution

Parties: Meera and Rohan are both individuals, so this is a private dispute.
Purpose: Meera wants compensation, not punishment, so it is civil law.
The Indian Contract Act creates rights and duties of contracting parties, so it is substantive law.
Options (a) and (c) fail on the first point: no State prosecution is involved. Option (d) fails because the Act does not lay down court procedure.

Answer: (b) Civil law; substantive law

Example 2

Which of the following is an example of procedural law? (a) Law of contract (b) Law of torts (c) Code of Criminal Procedure (d) Constitutional law

Show the solution

Procedural law explains how rights are enforced and offences tried.
Law of contract and law of torts create rights and duties, so they are substantive and private.
Constitutional law sets up the State and its powers and is public law, not procedure.
The Code of Criminal Procedure lays down the steps of investigation, trial and appeal.

Answer: (c) Code of Criminal Procedure

Exam tips

Expect match-the-following or identify-the-example questions. Learn one clear example for each category.
Watch for statements like 'State is a party' or 'aim is compensation'. These are direct clues.
Do not mix pairs. A statute can be both public and substantive, or private and substantive. Answer only the pair asked.
If two options look right, check the exact wording for words like only or always. Overstated claims are usually wrong.

Practice questions from Legal Methods and Court System in India

Classification of Law: Public and Private Law in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Classification of Law: Public and Private Law: frequently asked questions

What is the difference between public law and private law?

Public law governs the State and its relationship with individuals, for example constitutional and administrative law. Private law governs relations between individuals, for example contract and tort. The key test is whether the State acts as a public authority.

What is the difference between civil law and criminal law?

Civil law settles private disputes and gives remedies like damages. Criminal law deals with offences against society and gives punishment such as fine or imprisonment. In civil cases the aggrieved person sues; in criminal cases the State prosecutes.

What is the difference between substantive law and procedural law?

Substantive law defines rights, duties and offences. Procedural law, also called adjective law, explains how to enforce them in court. The Indian Contract Act is substantive; the procedure codes are procedural.

Can one act be both a civil and a criminal wrong?

Yes. An act such as fraud or assault can lead to a criminal case by the State and a civil claim for damages by the victim. The two proceed separately.