NEW DELHI: Delhi govt plans to shift undertrial gangsters, organised criminals and other high-risk prisoners to jails in other states to prevent them from using prisons to continue organised criminal activities and influence gang networks. For this, it will implement the Transfer of Prisoners (Punjab Amendment) Act, 2025, in Delhi.Chief minister Rekha Gupta said the move aims to boost prison security, safeguard public interest and strengthen cooperation among states in tackling organised crime. It would also reduce the threat of gang wars and extortion, and strengthen law and order in the national capital, she added. Shifting hardened undertrials outside Delhi could reduce their ability to influence witnesses and disrupt trial proceedings, as well as help curb retaliatory actions inside jails, govt said. A senior official said undertrial gangsters and other notorious criminals in Delhi jails currently can’t be shifted to other states.Section 20 of the Model Prison and Correctional Services Act, 2023 does provide for the transfer of undertrials from one state to another, but the consent of the trial court is required for this.Under the proposed system, such prisoners can be shifted from one state to ano-ther with the mutual consent of the states concerned or the approval of the Union home ministry.Delhi govt said a large number of hardened criminals are lodged as undertrials in the capital’s jails. In May 2026, 188 members belonging to 26 identified gangs were identified in Delhi, of whom 107 had been arrested.According to the officials, some hardened undertrials continue to engage in targeted killings, extortion, gang rivalry, threats and organised criminal conspiracies even while jailed. They also use local networks and contacts with other gangs to expand their activities, the officials said.Under the existing system, the Transfer of Prisoners Act, 1950 provides for the transfer of convicted prisoners only. Undertrials remain in custody under special remand warrants issued by the trial court. Their transfer is governed by the Prisons Act, 1900, which permits transfer only within a state.Punjab govt had introduced the Transfer of Prisoners (Punjab Amendment) Act, 2025 to address this gap. The amendment, which received the President’s assent on April 21, 2025, allows the transfer of undertrial prisoners from one state to another for maintaining law and order or in public interest.Delhi govt has now proposed to implement the amended system in the capital too. Judicial proceedings, wherever required, will be carried out under the Bharatiya Nagarik Suraksha Sanhita, 2023.
