The Mumbai police last week began “chapter proceedings” against the Editor-in-Chief of a news channel.

Can you relate the philosophy behind chapter proceedings and preventive detention?

What exactly are “chapter proceedings”?

• Chapter proceedings are preventive actions taken by the police if they fear that a particular person is likely to create trouble and disrupt the peace in society.
• These proceedings are unlike punitive action taken in case of an FIR with an intention to punish.
• Here, the police can issue notices under sections of the Code of Criminal Procedure to ensure that the person is aware that creating nuisance could result in action against him.

What are the sections using which these notices are served?

• Generally, a notice is issued to a person under section 111 of the CrPC whereby he is asked to present himself before the Executive Magistrate – an ACP-rank officer in a Commissionerate of a Dy. the collector in rural areas – who has issued the notice.
• The person has to explain why he should not be made to sign a bond of good behaviour.
• If the Executive Magistrate is not satisfied with the answer, the person is asked to sign a bond of good behaviour and produce sureties vouching for his/her good behaviour.
• A fine amount is also decided – in accordance with the crime and the person’s financial capability – which the person would have to pay if he violates the conditions set in the bond.

Legal immunities against such proceedings

• On receiving the notice under section 111, a person can appeal the notice before the courts.
• In fact, in the past, courts have come down strongly against chapter proceedings in some cases.

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