West Bengal Passes Preventive Detention Bill: What It Means for Every Citizen

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The West Bengal Assembly passed the West Bengal Public Safety and Control of Anti Social Activities Bill, 2026 and the Maintenance of Public Order (Amendment) Bill, 2026, expanding police powers to tackle organised crime and unrest.

The West Bengal Legislative Assembly passed the West Bengal Public Safety and Control of Anti Social Activities Bill, 2026, a measure that substantially broadens the State’s authority to tackle organised crime, public disorder, and what it describes as anti social activities.

Along with it, the Assembly also approved the West Bengal Maintenance of Public Order (Amendment) Bill, 2026, which allows compensation to be recovered for damage done to public and private property during riots and violent protests.

Both Bills were introduced by Chief Minister Suvendu Adhikari and represent one of the most extensive overhauls of the State’s public order framework, while also sparking debate about how law enforcement powers should be balanced against civil liberties.

The Public Safety and Control of Anti Social Activities Bill empowers the State Government to order preventive detention of an individual for up to 12 months without trial, provided it is satisfied that such detention is necessary to prevent activities harmful to public order.

The Bill has drawn comparisons with the National Security Act, 1980, which similarly permits preventive detention under specified conditions.

Presenting the Bill, Adhikari argued that existing legal provisions had not been sufficient to address organised criminal networks and “anti social elements”.

Adding that the new law aims to curb such activities and prevent conspiratorial designs, he told the Assembly,

“It has been observed that certain sections of society are engaging in anti social activities, thereby posing a serious threat to the lives and property of bona fide citizens of the State,”

The legislation significantly expands the definition of anti social activity, bringing within its scope acts that cause fear, alarm, or insecurity among the public; obstruction of lawful business; unlawful dispossession of property; organised extortion; illegal mining and sand extraction; and conduct leading to substantial damage to either public or private property.

It also introduces a broad definition of “goonda,” covering habitual offenders, individuals who are members or leaders of criminal gangs, persons charge-sheeted for organised-crime-related offences under the Bharatiya Nyaya Sanhita, and those allegedly implicated in offences under laws such as the Arms Act, the Narcotic Drugs and Psychotropic Substances Act, the Immoral Traffic (Prevention) Act, and the Explosive Substances Act.

Under the proposed law, District Magistrates, Commissioners of Police, or authorised police officers not below the rank of Deputy Inspector General may direct such persons to leave a particular area or district and bar their return for up to one year.

Authorities may also require them to report their whereabouts periodically. The Bill further gives police powers to carry out searches, seizures, and arrests in relation to offences that are cognisable and non-bailable under the Act. It also makes harbouring or assisting individuals against whom detention or externment orders have been issued a criminal offence.

A further major provision allows the State to attach and dispose of properties allegedly connected to anti social activities to recover losses linked to offences under the Act.

The Assembly also passed the West Bengal Maintenance of Public Order (Amendment) Bill, 2026, which sets up a statutory Claims Commission to determine compensation for damage to public and private property caused during riots, unlawful assemblies, and violent protests.

The Commission’s mandate extends beyond those directly involved in violence, allowing organisers, financiers, instigators, and logistical supporters to be held financially responsible. Compensation that remains unpaid can be recovered as arrears of land revenue, including through attachment and auction of property.

The Maintenance of Public Order (Amendment) Bill was approved after 176 MLAs voted in favour, while 42 opposed it and 20 abstained.

The Public Safety Bill was passed by voice vote. To address concerns about possible misuse, Adhikari assured the House that the legislation would not be used for political vendetta, but would instead enhance public safety and strengthen the rule of law.





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