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 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.

How will detention orders be reviewed?

The Act provides for the constitution of one or more Advisory Boards to examine whether sufficient grounds exist for continuing preventive detention. Each Board will comprise a Chairperson who is or has been a High Court judge and two members qualified to be appointed as High Court judges.

Every detention order must be placed before an Advisory Board, which examines the material relied upon by the government as well as the detainee’s representation. If the Board concludes that sufficient cause exists for detention, the State government may confirm the detention order, allowing detention for up to 12 months.

One of the Act’s significant procedural provisions is Section 10(4), which states that “a detained person shall not be ordinarily represented by a legal practitioner before an Advisory Board”. The proviso permits the Board to allow legal representation only in appropriate cases, provided reasons are recorded in writing.

The proceedings of the Advisory Board are confidential, and where members differ in opinion, the majority view prevails.

Why has the Act attracted attention?

The legislation has drawn scrutiny because it introduces preventive detention without a criminal trial, adopts broad definitions of “anti-social activity” and “goonda”, permits repeated detention orders under specified circumstances, and ordinarily restricts legal representation before the Advisory Board that reviews detention.

Is the Act one of its kind?

No. The West Bengal Act shares several features with existing preventive detention laws enacted by the Centre and other States.

One of the closest parallels is the National Security Act, 1980 (NSA), which also permits preventive detention for up to 12 months without a criminal trial. Under the NSA, a person may be detained if the government considers such detention necessary to maintain national security or public order. Like the NSA, the West Bengal Act is preventive rather than punitive, allowing detention to avert an anticipated threat instead of punishing a person after conviction.

The legislation also closely resembles Gujarat’s Prevention of Anti-social Activities Act (PASA), 1985. It seeks to prevent anti-social and dangerous activities prejudicial to the maintenance of public order. Like the West Bengal Act, PASA empowers authorities such as the District Magistrate or Commissioner of Police to issue detention or externment orders and permit preventive detention for a maximum period of one year.

The two laws also establish a similar review mechanism through an Advisory Board headed by a serving or former High Court judge, with detention cases required to be placed before the Board for scrutiny.

Further, both laws provide that a detainee shall not ordinarily be represented by a legal practitioner before the Advisory Board, except in limited circumstances where the Board grants permission. However in PASA, the act pertains to preventive detention of boot-leggers, dangerous persons, drug offenders, immoral traffic offenders, property grabbers, cyber offenders, money lending offenders and sexual offenders.