West Bengal Laws on Property Damage and Preventive Detention

Inside West Bengal Laws on Property Damage and Preventive Detention

 The West Bengal Assembly recently passed two major laws — the West Bengal Public Safety and Control of Anti-social Activities Bill, 2026 and the West Bengal Maintenance of Public Order (Amendment) Bill, 2026 — dealing with recovery of property damage and preventive detention.

What is the New Recovery Law?

• The West Bengal Maintenance of Public Order (Amendment) Bill, 2026 creates a legal framework to recover compensation for damage to public and private property.
•  It applies to property damage caused during incidents such as riots, arson, vandalism, protests and anti-social activities.
•  The Bill amends the West Bengal Maintenance of Public Order Act, 1972.
•  It seeks to create a money-recovery mechanism for property destroyed during public disorder.
•  The law follows a model similar to laws adopted in Uttar Pradesh and some other BJP-ruled states.

How Does the Recovery Law Operate?

• District Magistrates can issue notices to individuals to recover the cost of damage caused to public property.
•  The damage cost is assessed by the state government. A Claims Commission will be set up to decide compensation claims.
•  The Commission will be headed by a bureaucrat of at least Additional District Magistrate rank.
•  The Commission will have powers similar to a civil court.
•  After damage occurs, the District Magistrate or Police Commissioner must file a claim for loss to public property.
•  Owners of damaged private property may also file their own claims.
•  The Commission applies strict liability once a link between the incident and the damage is established.
•  Liability can be fixed not only on those who directly caused damage but also on those who instigated, financed or harboured them.
•  The Commission may award exemplary damages up to twice the compensation amount.
•  Compensation cannot be below the market value of the damaged property.
•  Unpaid compensation can be recovered as arrears of land revenue by attaching and auctioning property.
•  Every award is final, with no appeal to any court, and civil courts are barred from dealing with such matters.

West Bengal’s New Preventive Detention Law

• The West Bengal Public Safety and Control of Anti-social Activities Bill, 2026 is a standalone preventive detention law.
•  It is aimed at controlling “goondas” and “anti-social activities”.
•  The term goonda is defined broadly as a person reputed to be desperate and dangerous to the community or a habitual offender.
•  “Anti-social activity” includes conduct causing public alarm, insecurity, danger to life or property, or disturbance of public order.
•  It also covers unlawful dispossession, illegal mining, quarrying, sand or forest activity affecting public resources.
•  West Bengal already had a preventive detention law dating back to the 1970s, but the new law has a wider scope.
•  Preventive detention is permitted under Article 22 of the Constitution, subject to constitutional safeguards.
•  Public order is a state subject, allowing states to legislate on such matters.

How Does the Preventive Detention Law Operate?

•  The state government, District Magistrate or Police Commissioner may order detention of a person to prevent anti-social activity.
• Generally, the person must have been convicted in the previous seven years or have at least three separate charge-sheets.
• Detention under the proposed law cannot exceed 12 months.
• The law also allows externment, forcing a person to leave a particular area for up to one year.
• It permits search and seizure powers.
• It punishes those who harbour a detained or externed person.
•  It grants protection to officials acting in good faith.
•  Offences under the law are cognizable and non-bailable.