India, Aug. 24 -- The Delhi government is set to introduce an inter-state prisoner transfer mechanism that could allow undertrial gangsters, organised criminals and other high-risk inmates lodged in the capital's jails to be shifted to prisons in other states. Chief Minister Rekha Gupta said the "move is aimed at strengthening prison security, curbing organised crime and preventing hardened criminals from continuing gang-related activities from inside jails." The government plans to implement the Transfer of Prisoners (Punjab Amendment) Act, 2025 in Delhi. Under the amended framework, undertrial prisoners can be transferred between states with the mutual consent of the governments concerned or approval of the Ministry of Home Affairs.

The move seeks to address a gap in the existing legal framework. The Transfer of Prisoners Act, 1950 primarily provides for the transfer of convicted prisoners, while undertrials are governed by separate provisions and cannot currently be transferred from Delhi to prisons in other states under the existing system. The government said the need for such a mechanism has become more pressing with hardened criminals allegedly continuing to operate their networks from inside prisons. In May 2026, authorities identified 188 members of 26 gangs in Delhi, of whom 107 had been arrested. According to the government, some high-risk undertrials continue to be involved in threats, extortion, gang rivalries and organised criminal conspiracies while in custody.

Their presence in Delhi prisons can also facilitate contact with local criminal networks and contribute to gang conflicts inside jails. Officials believe shifting such inmates outside Delhi could limit their ability to influence witnesses, interfere with investigations or expand criminal networks. The Punjab amendment, which received Presidential assent on April 21, 2025, provides for inter-state transfer of undertrials in the interest of security, law and order or public interest. The Model Prison and Correctional Services Act, 2023 also provides for inter-state transfer of undertrial prisoners, subject to the consent of the trial court. The Delhi government said the proposed framework will strengthen prison management.

Published by HT Digital Content Services with permission from Millennium Post.