1-year detention with no trial part of new West Bengal bills on ‘anti-social activities'

West Bengal's Bharatiya Janata Party (BJP) government is set to introduce two stringent bills next week that significantly broaden the definition of "anti-social activity." These proposed laws allow for preventive detention of up to 12 months without trial and the auctioning of offenders' property to compensate for losses, according to officials.

The two bills, the West Bengal Public Safety and Control of Anti-social Activities Bill, 2026 and the West Bengal Maintenance of Public Order (Amendment) Bill, 2026, are similar to controversial legislation in Uttar Pradesh, Gujarat, Tamil Nadu, and Maharashtra. They are slated for introduction in the state legislative assembly on June 29 and aim to combat organized crime, extortion, public disorder, illegal mining, and smuggling of natural resources.

The West Bengal Public Safety and Control of Anti-social Activities Bill, 2026, specifically proposes preventive detention for up to a year without trial, with the possibility of repeated detentions. The West Bengal Maintenance of Public Order (Amendment) Bill, 2026, introduces provisions for confiscating and auctioning an offender's property to cover damages.

"Anti-social activity" is defined broadly in the bill to include any act causing or likely to cause alarm, danger, fear, or insecurity; posing a significant danger to life or property; disturbing public order; obstructing business or trade; unlawfully dispossessing individuals of property; or causing substantial loss to public and private property. This definition also encompasses illegal activities related to mining, quarrying, sand extraction, and forest or wildlife produce that result in substantial loss to the public exchequer. The bill targets individuals described as "goondas," defined as members or leaders of groups, gangs, or syndicates previously charged under organized crime sections of the Bharatiya Nyaya Sanhita and who have committed or attempted crimes under various acts related to arms, explosives, immoral traffic, or narcotics.

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The general consent was restored by the Suvendu Adhikari-led government on June 8.