Delhi plans inter-state transfer of high-risk undertrial gangsters. How it will work

The Delhi government plans a legal mechanism to transfer high-risk undertrial gangsters to jails in other states. It says the move could tighten prison security, weaken local gang links and improve inter-state coordination.

In Short

• Delhi govt to introduce law for inter-state transfer of high-risk undertrial prisoners
• Proposed Transfer of Prisoners (Punjab Amendment) Act, 2025 to be adopted
• Expected to reduce gang influence and improve inter-state crime control

The Delhi government is preparing to introduce a legal mechanism to transfer high-risk undertrial prisoners, including gangsters and organised crime suspects, to jails in other states, in a move aimed at curbing gang wars and criminal activities allegedly being operated from inside prisons.

The government has proposed implementing the Transfer of Prisoners (Punjab Amendment) Act, 2025 in Delhi. The proposed framework would enable the authorities to shift high-risk undertrials to prisons outside the national capital where their continued presence is considered a threat to jail security, law and order or public interest.

Chief Minister Rekha Gupta said the initiative is aimed at strengthening prison security and facilitating better coordination among states to tackle organised crime.

WHY DELHI NEEDS A NEW MECHANISM

A large number of notorious criminals lodged in Delhi's jails are undertrials and have not yet been convicted. Under the existing legal framework, provisions for inter-state transfer of prisoners largely deal with convicts, while there is no similarly clear and effective mechanism for shifting undertrials between states.

The Delhi government believes this legal gap can make it difficult to deal with high-risk undertrials who may pose security concerns or retain links with their criminal networks while in custody.

In May 2026, authorities identified 188 members of 26 gangs in Delhi, of whom 107 gangsters were arrested. The government has argued that keeping rival or high-risk gang members in the same prison environment for prolonged periods can increase the risk of gang rivalry, extortion, targeted attacks, threats and criminal conspiracies.

AIM TO BREAK LOCAL GANG NETWORKS

One of the key concerns behind the proposed move is the alleged ability of some organised crime figures to maintain links with associates and rival gangs despite being behind bars.

Authorities suspect that certain high-risk prisoners may attempt to communicate with associates, influence criminal activities outside prison or maintain their influence over their gangs from inside jail.

Transferring such prisoners to prisons outside Delhi could weaken their links with local criminal networks and make it more difficult for them to coordinate with associates. The government expects this could also reduce the risks of gang wars, retaliatory attacks, witness intimidation and attempts to interfere with ongoing criminal proceedings.

However, the proposed system would not allow the authorities to transfer every undertrial arbitrarily. Each case would have to be assessed on the basis of factors such as the prisoner's security profile, law-and-order concerns and wider public interest.

HOW WILL INTER-STATE TRANSFER WORK?

Under the proposed framework, an undertrial gangster or other high-risk prisoner could be transferred to a prison in another state with the consent of the states concerned or approval from the Union Home Ministry, as applicable. Where required, judicial proceedings relating to the transfer would have to be undertaken in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The proposal draws from an amendment introduced by Punjab to its prisoner-transfer law. The Transfer of Prisoners (Punjab Amendment) Act, 2025 received presidential assent on April 21, 2025. The amended framework allows undertrial prisoners to be transferred between states in cases involving security, law and order or public interest. Delhi is now seeking to adopt a similar mechanism.

MODEL PRISON LAW ALSO PROVIDES FOR TRANSFER

The Centre's Model Prisons and Correctional Services Act, 2023 also contains provisions concerning the inter-state transfer of prisoners. The model law allows transfers between states in certain circumstances with the consent of the states concerned.

It also provides for the inter-state transfer of undertrial prisoners, with the consent of the relevant trial court.

The Delhi government's proposed move is therefore aimed at creating a more clearly defined legal route for shifting high-risk undertrials when their continued detention in a Delhi prison is considered a security or law-and-order concern.

The government expects the proposed mechanism to have three major benefits: reducing gang wars and criminal activity inside prisons, weakening the local networks and criminal alliances of gangsters, and improving coordination between states in dealing with organised crime.

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