Goonda Bill West Bengal: Assembly Passes Law Allowing Preventive Detention For Up To 1 Year

The two Bills, introduced by Chief Minister Suvendu Adhikari, mark one of the most far reaching overhauls of West Bengal's public order laws, while also triggering debate over the balance between law enforcement and civil liberties.

The Public Safety and Control of Anti Social Activities Bill empowers the State Government to order preventive detention of a person for up to 12 months without trial if it is satisfied that such detention is necessary to prevent activities prejudicial to public order. The legislation has drawn comparisons with the National Security Act, 1980, which also permits preventive detention under specified circumstances.

Introducing the Bill, Adhikari said existing legal provisions had proved inadequate in tackling organised criminal networks and anti social elements.

"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," he told the Assembly, adding that the new law was intended to curb such activities and prevent "conspiratorial designs".

The Bill considerably widens the definition of "anti social activity" to include acts causing fear, alarm or insecurity among the public, obstruction of lawful business, unlawful dispossession of property, organised extortion, illegal mining and sand extraction, and activities resulting in substantial damage to public or private property.

It also introduces an expansive definition of a "goonda", covering habitual offenders, members or leaders of criminal gangs, persons charge sheeted for organised crime related offences under the Bharatiya Nyaya Sanhita, and those allegedly involved in offences under statutes 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 specified area or district and prohibit their return for up to one year. Authorities may also require them to periodically report their movements.

The legislation further empowers police to conduct searches, seizures and arrests in offences made cognisable and non bailable under the Act. It also criminalises harbouring or assisting persons against whom detention or externment orders have been issued.

Another significant feature of the Bill is the power to attach and dispose of properties allegedly linked to anti social activities for recovery of losses arising from such offences.

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

The Commission will have powers to hold not only those directly involved in violence but also organisers, financiers, instigators and logistical supporters financially liable. Unpaid compensation may be recovered as arrears of land revenue through attachment and auction of property.

The Maintenance of Public Order (Amendment) Bill was passed after 176 MLAs voted in favour, while 42 opposed it and 20 abstained. The Public Safety Bill was passed by voice vote. Seeking to allay concerns over misuse, Adhikari assured the House that the legislation would not become a tool for political vendetta but would instead strengthen public safety and restore the rule of law.