Why West Bengal’s New Law Is Called ‘Goonda Bill’: Is It Similar To UP Act? Explained

Last Updated:June 29, 2026, 19:12 IST

What are the provisions of West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026? Is it similar to UP Recovery of Damage to Public and Private Property Act?

The West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026 is a stringent new law designed to tackle organized crime, repeat offenders, and public disorder.

Popularly referred to as the “Goonda Bill," the legislation was passed by the West Bengal Assembly on June 29, 2026, with 176 votes in favour and 41 against. Introduced by the BJP state government under Chief Minister Suvendu Adhikari, the bill is aimed at eradicating political and syndicate violence. It heavily models parts of its framework on tough anti-gang laws seen in states like Uttar Pradesh, Gujarat, and Maharashtra.

THE WEST BENGAL PUBLIC SAFETY AND CONTROL OF ANTI-SOCIAL ACTIVITIES BILL, 2026

The core components, expanded definitions, and mechanisms of the new bill include:

1. Preventive Detention Without Trial

The law authorises the state government, District Magistrates, or Police Commissioners to place individuals in preventive detention for up to 12 months without formal charges or trial.

If a detainee is released but found re-engaging in anti-social activities, authorities can immediately issue a fresh 12-month detention order.

Initial detention orders remain valid for 15 days unless ratified by the state government. Within three weeks, an Advisory Board chaired by a serving or retired High Court judge must review the grounds to determine if continued detention is justified.

2. Broad Definition of a “Goonda"

The bill extends the label of a habitual offender or “goonda" beyond violent criminals to include individuals who habitually commit, promote, or finance syndicate crimes. This covers:

Those charge-sheeted under Sections 111 or 112 of the Bharatiya Nyaya Sanhita (BNS) for organized crime.

Repeat violators of the Arms Act, Explosive Substances Act, and Narcotics (NDPS) Act.

Anyone “generally reputed to be desperate and dangerous to the community."

3. Expanded Scope of “Anti-Social Activities"

The legislation expands what constitutes a threat to public order, enabling police to act even if an offense is merely “likely to occur." The law covers:

Acts triggering public fear, panic, or widespread danger to life and property.

The unlawful dispossession of property or obstruction of legal business trade.

Economic environmental crimes that cause severe loss to the public exchequer, such as illegal mining, unauthorized sand extraction, and forest or wildlife crimes.

4. “Externment" and Policing Powers

District Magistrates and Commissioners of Police can bar a suspected “goonda" from entering specified districts or regions for up to 12 months if they threaten public peace.

All offenses under this framework are designated as cognizable and non-bailable, allowing the police to execute searches, property seizures, and arrests without a warrant.

Assisting, sheltering, or hiding individuals fleeing active detention or externment orders is a punishable crime.

5. Property Auctioning and Damage Recovery

Passed alongside the complementary West Bengal Maintenance of Public Order (Amendment) Bill, 2026, the government now holds the power to seize and auction the properties of accused individuals to recover costs for public or private property damaged during riots and protests. Chief Minister Adhikari stated this measure is critical because existing laws lacked financial teeth to penalize rioters.

HOW WEST BENGAL BILL IS SIMILAR TO UP’S LAW

The West Bengal government explicitly stated that the legislation draws directly from the stringent frameworks used in Uttar Pradesh to crack down on organized crime, riots, and public disorder.

Property Seizure and Financial Recovery: Uttar Pradesh pioneered the UP Recovery of Damage to Public and Private Property Act, which allows the state to seize and auction the properties of rioters to pay for damages. Alongside the Goonda Bill, West Bengal passed the Maintenance of Public Order (Amendment) Bill, 2026. It uses the exact same mechanism to seize and auction properties to recover financial losses caused during protests or riots.

Bypass of the Judiciary: UP’s property recovery laws utilize administrative “Claims Tribunals" headed by retired judges or officials, effectively bypassing regular civil courts to fast-track property confiscation.

Bengal is setting up an identical Claims Commission. Regular courts have no jurisdiction over its financial valuations or decisions, making the administrative action final.

Strict Preventive Detention: UP frequently invokes the National Security Act (NSA) and the UP Gangsters Act to detain individuals for up to a year without a formal trial or bail. The Bengal bill mirrors this by allowing authorities to place suspected “goondas" in preventive detention for up to 12 months without trial. Detainees are also barred from having a lawyer present during initial reviews.

Targeting the Entire Crime Network: Under UP’s Gangsters Act, police can target not just the person committing the crime, but anyone who funds, hides, or helps them.

The Bengal law similarly punishes anyone who harbours, sponsors, or abets individuals involved in syndicate or anti-social activities.

District Banishment (Externment): UP heavily relies on the UP Control of Goondas Act, which gives District Magistrates the power to banish habitual criminals from their home districts. Bengal has adopted this exact mechanism, giving its District Magistrates the power to banish (“extern") individuals from specific districts for up to a year.

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Manjiri Joshi

At the news desk for 20 years, the story of her life has revolved around finding pun, facts while reporting, on radio, heading a daily newspaper desk, teaching mass media students to now editing speci...Read More

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