NEW DELHI — In a major move aimed at dismantling criminal syndicates and tightening security inside correctional facilities, the Delhi government has announced plans to enable the inter-state transfer of undertrial gangsters and high-risk prisoners.

Chief Minister Rekha Gupta stated that the initiative is designed to prevent hardened criminals from directing extortion rackets, targeted killings, and rival gang violence while in judicial custody.

Closing Legal Framework Gaps

Currently, the transfer of prisoners across state lines faces significant legal hurdles. Under the existing Transfer of Prisoners Act, 1950, inter-state relocation applies strictly to convicted inmates, whereas undertrials remain governed by remand warrants issued by trial courts under the Prisons Act, 1900, which restricts moves within state borders. While Section 20 of the Model Prison and Correctional Services Act, 2023 allows for undertrial transfers, it mandates trial court consent.

To address these limitations, the Delhi administration proposes to adopt the Transfer of Prisoners (Punjab Amendment) Act, 2025. Under this amended framework, high-risk undertrial prisoners can be transferred to facilities outside Delhi either through mutual consent between the concerned state governments or with approval from the Ministry of Home Affairs (MHA).

Curbing Gang Networks from Within Jails

Authorities noted that high-risk undertrials frequently leverage local contacts to maintain operational control over criminal outfits, intimidate witnesses, and disrupt judicial proceedings. Data highlights that out of 188 identified members belonging to 26 active gangs in Delhi as of May 2026, 107 had been arrested and lodged in local facilities.

By relocating these key individuals to prisons in distant states, officials aim to isolate them from their immediate support networks, reduce retaliatory gang violence inside facilities, and safeguard public safety. Court proceedings for transferred undertrials will continue seamlessly via electronic modes under the Bharatiya Nagarik Suraksha Sanhita, 2023.