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What are chapter proceedings?

Topics Covered: Role of external state and non-state actors in creating challenges to internal security.

What are chapter proceedings?


Context:

The Mumbai police last week began “chapter proceedings” against Republic Editor-in-Chief Arnab Goswami.

What exactly are “chapter proceedings”?

They 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.

  • 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, which includes paying a fine, in the absence of which, he could be put behind bars.

The procedure (Have a brief overview. No need to mug up):

  1. 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 deputy collector in rural areas – who has issued the notice.
  2. The person has to explain why he should not be made to sign a bond of good behaviour.
  3. 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.
  4. 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 options to appeal against the notice?

A person can appeal the notice before the courts.

Sources: Indian Express.