NEW DELHI: The Delhi government has drawn up a plan to transfer undertrial gangsters and other high-risk prisoners lodged in its jails to prisons in other States, saying the move would help curb organised crime and strengthen prison security, the Chief Minister’s Office (CMO) said on Monday.
Legal route under a Punjab amendment
According to a CMO statement, the administration proposes to implement the Transfer of Prisoners (Punjab Amendment) Act, 2025 in Delhi to create a statutory basis for inter-State movement of undertrial detainees identified as posing an outsized security threat. The amendment would allow transfers either with the mutual consent of the States concerned or with the approval of the Union Ministry of Home Affairs (MHA), the statement said.
The proposal addresses a long-standing gap in the law. The Transfer of Prisoners Act, 1950 permits inter-State transfers only for convicted prisoners. The administration says that undertrials—whose custody is governed by remand warrants issued by trial courts—are not covered. The Prisons Act, 1900, meanwhile, allows transfers only within the same State.
Government rationale and security concerns
The CMO cited concerns that some hardened undertrial inmates continue to direct crimes from custody, including targeted killings, extortion and threats, besides allegedly trying to influence witnesses and expand criminal networks. The statement argued that transferring such detainees outside Delhi could restrict their access to local networks and lessen their ability to interfere with trial proceedings.
"Hardened criminals" in Delhi prisons pose a security concern, the statement said.
The government highlighted the scale of the issue in figures released with the statement. As of May 2026, Delhi had 188 members of 26 identified gangs, of whom 107 had been arrested.
| Metric | Figure |
|---|---|
| Members of identified gangs (May 2026) | 188 |
| Number of gangs identified | 26 |
| Arrested from these gangs | 107 |
How transfers would work
The CMO said the proposed mechanism would be modelled on the Punjab amendment, which provides legislative cover for shifting detainees across State boundaries. Under the draft approach, a transfer would take place either by mutual agreement between Delhi and the receiving State or after securing the sanction of the MHA. The statement framed the step as intended to reduce the operational reach of organised-crime figures who are alleged to continue activities from behind bars.
Officials said the move is not aimed at hindering trials but at limiting detainees' ability to influence proceedings and expanding networks locally. The proposal would require coordination with other States and central authorities for logistics, security arrangements and custody management.
Legal and procedural questions
Legal experts and rights advocates are likely to examine the plan for compliance with due process guarantees. The Transfer of Prisoners Act, 1950, and remand orders issued by courts govern undertrial custody; any alteration in custody location must respect court orders and statutory safeguards. The CMO statement did not set out detailed procedural safeguards or indicate whether trial courts will be required to consent before transfers.
Implementation will also require administrative arrangements for records, custodial supervision, and communication with defence counsel. Inter-State transfers of accused persons raise questions about access to lawyers, the ability of families to visit, and logistical burdens on courts and prisons in the receiving State.
Political and policing context
The proposal comes amid sustained concerns in Delhi about gang activity and violent crime, which the government says some undertrials continue to orchestrate from prison. Separately, policing and law-and-order are area of active engagement between the Delhi government and the Union Home Ministry; the statement said that MHA approval would be sought where required.
Delhi administrations have sought measures in the past to tackle organised criminal networks, ranging from strengthening witness protection to targeted policing operations. The new transfer plan would add an instrument requiring intergovernmental negotiation and, if invoked, central sanction.
- What the government proposes: Apply the Transfer of Prisoners (Punjab Amendment) Act, 2025, in Delhi.
- Purpose: Shift undertrial gangsters/high-risk prisoners outside Delhi to weaken criminal networks and protect trials.
- Mechanism: Transfers by mutual State consent or with MHA approval.
The CMO did not provide a timeline for seeking legislative or executive steps to operationalise the proposal. Any concrete transfer policy will require further inter-State consultation, legal vetting and central clearance where necessary.
