Discuss (c) Standard of proof

Procedural law (adjective law; karyabidhi kanoon) — the law of how: the rules governing the enforcement of rights and the punishment of wrongs — the courts' machinery, jurisdiction, parties, pleadings, evidence, judgment, execution. The classical metaphor: substantive law declaresthe rights; procedural law provides the remedy's road — "the handmaid, not the mistress, of justice" (the doctrine's careful servant-metaphor) — though the modern view corrects the metaphor's condescension: procedure is where rights live or die ("the difference between winning a right and holding a remedy"). Nature: public-law character (the state's forum-and-process rules); instrumental (designed to serve the substantive ends); dynamic (reform's most frequent object — the delay-and-backlog cures); and rights-bearing itself (the fair-trial guarantees — Article 20 of the Constitution — as procedural rights). Importance: (i) justice's delivery-system (the best substantive law worthless without the road); (ii) legitimacy's face (the visible trial = the public's justice); (iii) efficiency-and-access (the delay-and-cost pathologies as denials of justice — "justice delayed is justice denied"); (iv) the rule-of-law discipline (the process bounding the judge's-and- state's power — Constitutional Law-I's frame, Semester 3).