Delhi to transfer high-risk prisoners, gangsters to other states under new law
The Delhi government has announced plans to transfer undertrial gangsters, organised criminals, and other high-risk prisoners from its jails to prisons in other states. The move, according to an official statement, aims to curb organised crime and strengthen prison security.
The proposal involves implementing the Transfer of Prisoners (Punjab Amendment) Act, 2025, in Delhi. This would enable the inter-state transfer of such prisoners with the mutual consent of the states concerned or the approval of the Ministry of Home Affairs.
The existing legal framework has a significant gap. The Transfer of Prisoners Act, 1950, allows inter-state transfer of convicted prisoners only, not undertrials. Undertrials are held under remand warrants issued by trial courts, and the Prisons Act, 1900, permits transfers only within a state. The new proposal seeks to address this limitation.
As of May 2026, Delhi prisons housed 188 members of 26 identified gangs, of whom 107 had been arrested, according to government data. Chief Minister Rekha Gupta cited the presence of such individuals as a security concern. The statement noted that some undertrials continued to be involved in targeted killings, extortion, threats, and criminal conspiracies from inside prison. It also alleged that they attempted to influence witnesses and expand their criminal networks.
The government believes that transferring these individuals outside Delhi could limit their access to local criminal networks and reduce interference with trial proceedings. This, it says, would help ensure smoother investigations and trials.
The plan, however, is not without procedural requirements. Any transfer would require coordination between the sending and receiving states. In cases where states do not mutually agree, the Ministry of Home Affairs could approve the transfer. The exact criteria for categorising a prisoner as 'high-risk' have not been detailed yet, and the timeline for implementation remains unclear.
Legal experts point out that while the Punjab Amendment Act provides a framework, its application in Delhi would require formal notification by the central government. The Delhi government's statement did not specify whether such a notification has been issued or is pending.
The proposal has drawn mixed reactions. Some security analysts view it as a pragmatic step to break the influence of organised crime in Delhi's prisons. Others caution that inter-state transfers could complicate legal representation and family visits for undertrials, potentially affecting their right to a fair trial.
Authorities have not yet announced which specific prisons or states would be involved. Further details are expected as the government begins consultations with other states and the Ministry of Home Affairs.
