West Bengal brings new Public Safety Act into force, tightening police powers

Kolkata: The West Bengal Public Safety and Control of Anti-Social Activities Act, 2026, aimed at curbing corruption, anti-social and rowdy behaviour, came into force after midnight on Monday.

The bill was passed by the state Assembly on June 29 and received the governor’s assent before becoming law. It strengthens police and administrative powers by introducing tougher penalties and stricter measures to maintain public safety and control organised anti-social activity.

Two provisions distinguish the state law from relevant sections of the Bharatiya Nyaya Sanhita, 2023. First, the Act allows preventive detention of individuals deemed a danger to public safety for up to one year. Opposition parties and some civil society groups have called the measure draconian, warning it could be misused to silence dissent. The ruling Bharatiya Janata Party, however, says detention will follow due procedure.

An advisory board — to be headed by a serving or former Calcutta High Court judge and include two members qualified as High Court judges — will review detention cases. Detainees may appoint a representative to defend them before the board, which will assess the reasonableness of the detention.

Second, the Act empowers the state to confiscate property of those involved in offences by invoking appropriate BNS provisions. It also allows police to expel or bar individuals from entering specified areas if they are considered likely to cause unrest, and includes protection measures for police and government personnel enforcing the law.

The Act provides for “externment orders”: a district magistrate or police officers of superintendent rank or higher may require a person, particularly a known criminal or troublemaker, to leave an area or district for up to one year if they are judged to pose a risk of inciting unrest.

(Inputs from IANS)