What is the West Bengal’s new preventive detention law about?: Explained

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The West Bengal State government has said the law is intended to tackle organised crime and anti-social activities. File. | Photo Credit: ANI

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.

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.

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