In a major move to curb vandalism and violent protests, the West Bengal government has officially notified and enforced a strict legal framework allowing the state to recover compensation for damages caused to public and private properties directly from the offenders.
The West Bengal Maintenance of Public Order (Amendment) Act, 2026, which amends the older 1972 Act, was officially notified on August 24 following the Governor’s assent. This legislation forms a crucial component of the state’s broader, much-anticipated ‘anti-goonda’ legal framework.
Key Provisions: 3x Penalty & Property Auction
Announcing the enforcement at the state secretariat, Chief Minister Suvendu Adhikari issued a stern warning to those engaging in anti-social activities. Under the newly operational provisions, the state will not just criminally prosecute offenders, but will aggressively recover financial losses.
- Triple Compensation: For any damage caused to government properties—including police stations, block offices, or public assets—the perpetrators will be liable to pay compensation equivalent to three times the assessed value of the damage, plus interest.
- Claims Commission: A dedicated statutory Claims Commission has been established to officially assess the financial losses arising from riots, arson, violent protests, and vandalism.
- Attachment of Property: The law holds those who perpetrate, instigate, or finance the violence financially liable. If the assessed compensation is not paid, the state is empowered to recover the amount through the attachment and public auction of the offenders’ properties.
- Protection for Cops: The Chief Minister also emphasized that any attacks on police personnel discharging their official duties will invite immediate and stringent legal action.
Financial Burden Shifted to Offenders
The primary objective of the newly enforced law is to ensure that the financial burden resulting from the destruction of state assets does not fall on the public exchequer or the taxpayer, but is borne entirely by the rioters.
Preventive Detention Bill Still Pending
While the property recovery mechanism is now active law, the state government clarified that another crucial piece of the ‘anti-goonda’ framework—the West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026—is currently awaiting Presidential assent.
That separate, pending bill contains more extensive preventive measures, including provisions that allow for the preventive detention of a person classified as a “goonda” for up to 12 months, along with externment orders to banish anti-social elements from specific jurisdictions.
