West Bengal Enforces Law To Recover Compensation For Property Damage During Riots, Protests

The West Bengal government has brought into force a part of its new anti-social activities framework providing for recovery of compensation for damage caused to public and private property during riots, violent protests, arson, vandalism and other incidents of violence.

The West Bengal Maintenance of Public Order (Amendment) Act, 2026, which amends the West Bengal Maintenance of Public Order Act, 1972, was notified on August 24 following the Governor's assent.

The State has described the two measures as parts of its broader anti-goonda framework. While the Maintenance of Public Order amendment deals with recovery of compensation for property damage and has been brought into force, the separate Public Safety and Control of Anti-Social Activities Bill contains the preventive-detention and externment provisions and, according to the State's latest position, is awaiting Presidential assent.

Announcing the enforcement at a press conference at the state secretariat on August 24, Chief Minister Suvendu Adhikari said the newly operational provisions would be used against those responsible for vandalising government property and attacking police personnel on duty.

He said the State would not merely prosecute those involved in such incidents but would also seek to recover the resulting financial loss.

Adhikari said that where government property is damaged, those found responsible would have to bear compensation equivalent to three times the value of the damage, along with interest. He also warned that attacks on police personnel would invite prompt legal action.

The new law creates a statutory mechanism for determining property damage and recovering compensation from persons found responsible.

Claims Commission To Assess Damage

The amended law establishes a Claims Commission to assess losses arising from damage to public and private property in incidents covered by the legislation.

The recovery mechanism can operate in relation to property damaged during riots, arson, vandalism, violent protests and other anti-social activities.

The legislation provides for recovery of the assessed amount from persons falling within its statutory framework, including those responsible for the violence and those found to have instigated or financed the activities.

Where the amount determined as compensation is not paid, the law provides for recovery through statutory mechanisms, including attachment and auction of property.

The State Government has said that the objective is to ensure that the financial burden resulting from destruction of public assets does not ultimately fall upon the public exchequer.

Three Times Compensation For Government Property

Adhikari specifically said that damage to government assets would incur a financial liability of three times the value of the damage, plus interest.

The Chief Minister referred to incidents involving vandalism of government property, attacks on police personnel and damage to government establishments, including police stations and block-level offices, while explaining the intended scope of the newly enforced provisions.

The announcement therefore places financial recovery alongside criminal action against persons involved in violent or destructive activities.

Adhikari also said that persons attacking police personnel while they are performing their duties would face swift legal action.

The government has presented the measure as part of a broader effort to strengthen public order, deter violence and protect government property and personnel.

The enforcement announced on August 24 needs to be distinguished from the separate West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026. That Bill contains more extensive preventive measures, including provisions permitting preventive detention of a person classified as a “goonda” for up to 12 months, apart from provisions relating to externment and other measures against anti-social activities.

Adhikari indicated that this portion was still awaiting Presidential assent.

The distinction is significant because the State had earlier told the Calcutta High Court that the Public Safety and Control of Anti-Social Activities Bill had not yet become law.

On August 6, during proceedings concerning challenges to the proposed legislation, the State's Additional Advocate General had submitted that although the Bill had received the Governor's assent, it had subsequently been forwarded for Presidential assent, which was still awaited.

The Court had accordingly noted that the legislation could not, at that stage, be treated as an operative Act.

What The Newly Enforced Law Provides

The West Bengal Maintenance of Public Order (Amendment) Act, 2026 consequently operates primarily as a property-damage recovery mechanism within the State's broader public-order framework.

Its principal features include:

• assessment of losses caused by specified violent or anti-social activities;

• determination of compensation through the statutory mechanism;

• recovery of compensation from persons legally responsible for the damage;

• attachment and auction of property in cases of non-payment; and

• enhanced financial liability in cases involving damage to government property, as announced by the State Government.

The government has positioned the measure as a deterrent against vandalism and violence during protests and other disturbances.

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