|
West Bengal Maintenance of Public Order (Amendment) Bill, 2026
The West Bengal Legislative Assembly passes two legislations related to public safety and public order. The legislations are relevant now because they provide for preventive detention, control of anti-social activities, and compensation for damage to public or private property during disturbances.
West Bengal Public Safety and Public Order Bills, 2026:
| Dimension | Key Details |
|---|---|
| West Bengal Public Safety Bill | The West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026, provides for preventive detention of individuals deemed desperate and dangerous to the community. |
| Nature of Public Safety Bill | The Bill provides for pre-emptive action against individuals to maintain public safety and is similar in structure to laws like the National Security Act. |
| Detaining Authorities | District Magistrates or Police Commissioners can detain individuals under the West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026. |
| West Bengal Public Order Amendment Bill | The West Bengal Maintenance of Public Order (Amendment) Bill, 2026, mandates compensation for damage to public or private property during disturbances. |
| Nature of Public Order Amendment Bill | The Bill provides for post-incident responsibility by requiring those who cause damage to pay for it. |
| Preventive Detention Duration | Preventive detention can extend up to 1 year without trial for those generally reputed to be desperate and dangerous. |
| Initial Detention Order | District Magistrates or Commissioners of Police may issue detention orders valid for 15 days. |
| State Government Approval | Detention beyond 15 days requires approval of the State Government. |
| Grounds of Detention | Authorities must inform a detained person of the reasons for detention within 5 days. |
| Disclosure Limitation | Full details of detention grounds can be withheld if disclosure would harm public order, safety, or national security. |
| Advisory Board Review | Preventive detention beyond 3 months requires review by an Advisory Board under Article 22, and the Board must review cases within 3 weeks. |
| Advisory Board Composition | The Advisory Board is chaired by a current or former High Court judge and comprises two members qualified to be High Court judges. |
| Binding Decision | If the Advisory Board holds detention unjustified, the detained person must be released. |
| Legal Representation | Section 10(4) restricts detainees from being represented by lawyers before the Advisory Board. |
| Exception to Lawyer Restriction | Legal representation before the Advisory Board is permitted only in rare cases, with reasons recorded in writing. |
| Externment Clause | Authorities can ban re-entry of detainees into specified areas for up to 1 year to prevent repeat disturbances in sensitive areas. |
| Comparable State Provisions | Similar externment provisions exist in Maharashtra and Gujarat laws. |
| Compensation for Damage | Individuals convicted of damaging public or private property must pay compensation. |