Difference between section and article etc
Mushtaq Ahmad
(Querist) 05 December 2010
This query is : Resolved
When I study law books, I have noticed one thing that some law books have sections and some have articles, orders and rules. I want to know the difference between sections and articles. Are these synonymous terms, or there is any difference between these terms.
Arun Kumar Bhagat
(Expert) 05 December 2010
In Indian Constitution term Articles is used.In almost all penal codes term section is used. In CPC term order Rules are used. These are all synonymous terms.
yogesh
(Expert) 05 December 2010
Article is used in Constitution of India, Section used in Substantial Law and procedural law is used in the form of orders
Devajyoti Barman
(Expert) 05 December 2010
Not all the procedural law is referred by orders. It s basically the same and the legislature only used article and section in various acts without trying to mean any difference.
Guest
(Expert) 06 December 2010
Mr Barman is right.
R.Ramachandran
(Expert) 07 December 2010
Dear Mr. Mushtaq,
When any fundamentally important document is formed/drafted which may be a grundnorm (Fundamental norm to support all other legal norms as per Kelsian pure theory of science) of that system - political, national or international level, then generally it is differentiated from the ordinary municipal laws by referring to its clauses as articles rather than sections. E.g. United Nations Charter, International Conventions, Constitution of a country etc. from where other laws or rules originate.
Otherwise normally the municipal laws have Sections.
Not necessarily procedural laws have Orders. In fact procedural laws have rules, sub rules and forms. While codifying and drafting legislation in 1850s for India, Lord Mcauley and his companions differentiated IPC (India Penal Code) and CrPC to acknowledge that they borrowed them from already existing other legal systems where the terminology Code and Orders are used eg. Common Law system. That is why while all other statutory laws in India are called Acts but IPC, CrPC and CPC are called Codes.
The difference is mainly due historical evolution of Indian Legal System only.
Hope this answers your query.
