Delhi's plan to transfer high-risk undertrials
The Delhi government has drawn up a plan to transfer undertrial gangsters, organised criminals and other high-risk prisoners from the capital's jails to prisons in other states, saying the move would help curb organised crime and strengthen prison security. The proposal involves implementing the Transfer of Prisoners (Punjab Amendment) Act, 2025, in Delhi, according to a statement from the Chief Minister's Office and multiple reports.
Chief Minister Rekha Gupta said the initiative aims to enable the interstate transfer of such prisoners in the interest of prison security, law and order and public interest, while strengthening cooperation among states in tackling organised crime. The plan would allow the transfer of undertrial gangsters and other high-risk prisoners with the mutual consent of the states concerned or the approval of the Ministry of Home Affairs.
Legal gap and the proposed mechanism
The proposal seeks to address a gap in the existing legal framework. Under current law, the Transfer of Prisoners Act, 1950, provides for the interstate transfer of convicted prisoners but not undertrials, whose custody is governed by remand warrants issued by trial courts. The Prisons Act, 1900, permits transfers only within a state. This means that under the existing system, such undertrial gangsters and notorious criminals cannot be transferred from Delhi's prisons to those in other states.
The Punjab government had earlier introduced an amendment to the Transfer of Prisoners Act, which received presidential assent on April 21, 2025. Delhi now seeks to adopt a similar mechanism. The amended law allows the transfer of undertrials for reasons of security, law and order, or public interest. Judicial proceedings relating to such transfers would follow the Bharatiya Nagarik Suraksha Sanhita, 2023, as per reports.
The Centre's Model Prisons and Correctional Services Act, 2023, also contains provisions for the interstate transfer of prisoners and undertrials, with the consent of the states concerned and, for undertrials, the consent of the relevant trial court, according to India Today.
Security concerns and gang data
As of May 2026, Delhi had 188 members of 26 identified gangs, of whom 107 had been arrested, according to government figures cited by multiple reports. Chief Minister Gupta cited the presence of “hardened criminals” in prisons as a security concern. The CMO statement mentioned that some hardened undertrials continued to be involved in targeted killings, extortion, threats and criminal conspiracies from custody, and allegedly sought to influence witnesses and expand their networks.
Reports also noted that a large number of hardened and notorious criminals are lodged as undertrials alongside convicts in Delhi's jails. Such individuals have been described as engaging in violent activities, including targeted killings, extortion, gang rivalry, threats and organised criminal conspiracies, even from inside prisons. There have been instances of gang wars and retaliatory actions among such prisoners, as per ANI.
The New Indian Express reported that these criminals exploit prison welfare facilities and local networks to run extortion rings, orchestrate targeted killings, trigger gang wars and expand alliances. Moving them outside Delhi aims to isolate them, preventing them from influencing witnesses, disrupting trials or conspiring from behind bars.
Expected benefits and implementation
The government expects the mechanism to help reduce gang wars and criminal activity inside prisons, weaken local networks and improve coordination between states in dealing with organised crime, as reported by India Today. Transferring such prisoners outside Delhi could limit their access to local criminal networks and reduce interference with trial proceedings, according to The Hindu.
Under the proposed system, each case would be assessed on factors such as security profile, law-and-order concerns and public interest, according to India Today. The move is also expected to make the criminal justice system more effective and help improve prison management, as per ANI.
The plan is at the proposal stage, with the government preparing to implement the amended act in Delhi. The exact timeline for operationalising the transfers has not been specified in the available reports.