In a major crackdown on organized crime, the Delhi government is proposing a legal mechanism to transfer high-risk undertrial gangsters to prisons in other states to break their local criminal networks.
- Delhi government plans to move high-risk undertrial gangsters to jails in other states.
- The move aims to prevent gang wars, extortion, and crimes operated from within prisons.
- The plan follows the model of the Transfer of Prisoners (Punjab Amendment) Act, 2025.
The Delhi government is gearing up to introduce a robust legal framework designed to transfer high-risk undertrial prisoners, including notorious gangsters and organized crime suspects, to correctional facilities in other states. This strategic move is aimed at dismantling the criminal networks that continue to operate effectively from behind bars.
Chief Minister Rekha Gupta stated that the initiative is focused on strengthening prison security and fostering better inter-state coordination to tackle the growing menace of organized crime. Currently, the legal framework primarily facilitates the transfer of convicted prisoners, leaving a significant loophole regarding undertrials—those awaiting trial who may still pose a severe threat to law and order.
Why This Matters
The necessity of this intervention stems from the increasing complexity of prison-based crime. In May 2026, authorities identified 188 members belonging to 26 different gangs in Delhi, with 107 high-profile gangsters currently in custody. BozokMedia analysis shows that keeping rival gang members in the same facility for extended periods significantly escalates the risk of retaliatory attacks, witness intimidation, and coordinated criminal conspiracies.
Decoupling high-risk criminals from their local territory is a proven method to neutralize their influence over street-level operations.
By shifting these individuals to different states, the government hopes to sever their immediate links with local associates, making it nearly impossible for them to direct criminal activities or maintain their grip on gang hierarchies from within a Delhi prison.
How the Transfer Mechanism Will Function
The proposed framework ensures that transfers will not be arbitrary. Every case will undergo a rigorous assessment based on the prisoner's security profile, potential impact on law and order, and the broader public interest. The process will be conducted in accordance with the Bharatiya Nagarik Suraksha Sanhita, 2023.
Key procedural requirements include:
- Consent from the receiving state.
- Approval from the Union Home Ministry, where applicable.
- Judicial oversight to ensure legal compliance.
Delhi is looking toward the Punjab model, specifically the Transfer of Prisoners (Punjab Amendment) Act, 2025, which received presidential assent in April 2025. This model provides a clear legal pathway for transferring undertrials when their presence in a specific jurisdiction becomes a security liability.
Comparison: Current vs. Proposed Framework
| Feature | Current Framework | Proposed Framework |
|---|---|---|
| Undertrial Transfers | Lacks a clear, effective mechanism | Defined legal route for high-risk cases |
| Primary Target | Convicted criminals | High-risk undertrials & gangsters |
| Security Strategy | Localized containment | Inter-state isolation & coordination |
Frequently Asked Questions
1. Will all undertrial prisoners be transferred?
No, the transfer is specifically targeted at high-risk individuals who pose a threat to security or public interest.
2. Who approves these transfers?
Transfers will require the consent of the concerned states and, in certain cases, approval from the Union Home Ministry.
