What is the West Bengal’s new preventive detention law about?: Explained
The West Bengal Legislative Assembly has passed the West Bengal Public Safety and Control of Anti-Social Activities Act, 2026, on June 29, introducing a preventive
The West Bengal Legislative Assembly has passed the West Bengal Public Safety and Control of Anti-Social Activities Act, 2026, on June 29, introducing a preventive detention framework aimed at promoting public safety, maintaining public peace and order, and preventing and controlling anti-social activities. The State government has said the law is intended to tackle organised crime and anti-social activities. However, several of its provisions have drawn criticism for permitting preventive detention without trial and restricting legal representation before the Advisory Board. West Bengal is not the first State to enact such a law, with similar preventive detention statutes already in force in several States. What is the WB Public Safety and Control of Anti-Social Activities Act? The legislation aims to promote public safety and maintain public peace and order by preventing anti-social activities in the State. It empowers the State government to order preventive detention of certain persons if it is satisfied that the detention is necessary to prevent anti-social activities. Preventive detention, unlike punitive detention, is intended to prevent an anticipated threat rather than punish a person after the conviction for an offence. Who can be detained? The Act primarily targets persons classified as “goondas”. It defines a goonda as a person who habitually commits, attempts to commit, abets, promotes, finances or facilitates anti-social activities, either individually or as part of a gang, group or syndicate. The definition under Section 2(d) includes persons who have been charge-sheeted under Sections 111 or 112 of the Bharatiya Nyaya Sanhita, 2023, dealing with organised crime and petty organised crime. It covers persons involved in offences under the Arms Act, the Narcotic Drugs and Psychotropic Substances Act, the Explosive Substances Act and the Immoral Traffic (Prevention) Act, besides those who are “generally reputed to be desperate and dangerous to the community.” Ordinarily, a detention order may be issued only if, during the preceding seven years, the person has either been convicted at least once for the specified offences or has been chargesheeted in at least three separate cases not arising from the same transaction.
However, this requirement may be relaxed in certain organised crime cases under Section 111 of the Bharatiya Nyaya Sanhita where the State records reasons in writing. What constitutes an anti-social activity? The Act adopts a broad definition of anti-social activity. It includes acts that directly or indirectly cause fear, alarm or insecurity among the public, threaten life or property, disturb public order or tranquillity, obstruct lawful exercise of any right or any lawful business, trade profession or occupation, unlawfully dispossess persons of movable or immovable property, or cause substantial loss or damage to public or private property. The definition also includes illegal mining, quarrying, sand extraction, offences relating to forest produce and wildlife that result in substantial loss to the public exchequer. How long can a person be detained? A person may be detained for a maximum period of 12 months once a detention order is confirmed. The Act also permits fresh detention orders after an earlier order expires or is revoked if the government believes that the person has resumed anti-social activities, is likely to engage in them again, or if procedural defects in the earlier order have been rectified. What other powers does the Act confer? Apart from preventive detention, the legislation empowers District Magistrates, Commissioners of Police and police officers not below the rank of Deputy Inspector General, if authorised by the State government, to issue externment orders. Such orders may require a person to leave a specified area, district or districts and prohibit them from returning for up to one year if authorities believe they are engaged in, or are likely to engage in, anti-social activities. The Act also authorises searches, seizures and arrests, while offences under the legislation are classified as cognisable and non-bailable.
The BriefWire