Delhi govt seeks to move high-risk undertrials to jails in other states

The Delhi government has prepared a proposal to transfer undertrial gangsters, organised crime suspects and other high-risk prisoners from the Capital’s jails to prisons in other states, officials said on Sunday

The Delhi government has prepared a proposal to transfer undertrial gangsters, organised crime suspects and other high-risk prisoners from the Capital’s jails to prisons in other states, officials said on Sunday.

(PTI)

The move entails extending the Transfer of Prisoners (Punjab Amendment) Act, 2025, to Delhi, enabling the administration to shift such inmates in the interest of prison security, public order and larger public good. Chief minister Rekha Gupta said the proposed framework would bolster the state’s fight against organised crime and enhance prison administration.

“The inter-state transfer of high-risk undertrial prisoners will be carried out keeping in view prison security, law and order and public interest. It will also foster better cooperation among states in checking organised crime,” Gupta said.

The proposal comes amid growing concerns that hardened criminals continue to run their networks even from inside Delhi’s prisons. Government data shows that in May 2026, 188 members of 26 identified gangs were active in Delhi, of whom 107 had been arrested. Officials said several undertrials have remained involved in activities such as targeted killings, extortion, threats, gang rivalries and criminal conspiracies while in custody.

Under the proposed system, undertrial gangsters, organised criminals and other high-risk prisoners may be moved from Delhi to jails in other states with the mutual consent of the governments concerned or with approval from the Union home ministry, officials said.

Gupta said the implementation would equip Delhi with a legal mechanism to relocate high-risk undertrials outside the Capital. “The aim is to strengthen prison security and management and improve inter-state coordination in the fight against organised crime,” she added.

The proposal also targets gang-related activities within jail premises. Officials said hardened undertrials often use local networks and inter-gang contacts to sustain alliances and direct criminal operations from behind bars. Instances of gang clashes and retaliatory violence among inmates have also been reported. The government believes shifting such prisoners outside Delhi could curb their ability to influence witnesses and tamper with trial proceedings.

Currently, the Transfer of Prisoners Act, 1950, allows for the transfer of convicted prisoners but does not provide for shifting undertrials across states. Undertrials are held under remand warrants issued by trial courts, and their transfer is governed by the Prisons Act, 1900, which only permits intra-state movement.

The Delhi government now plans to apply the amended Punjab law to the national capital. The Transfer of Prisoners (Punjab Amendment) Act, 2025, received the President’s assent on April 21, 2025. The government said judicial proceedings, wherever required, would be conducted as per the Bharatiya Nagarik Suraksha Sanhita, 2023.