To combat organized crime, the Delhi government proposes implementing the Transfer of Prisoners (Punjab Amendment) Act, 2025, to move high-risk undertrials out of the capital.
- Delhi aims to transfer undertrial gangsters and organized criminals to prisons in other states.
- The government proposes implementing the Transfer of Prisoners (Punjab Amendment) Act, 2025.
- The move seeks to curb criminal activities like extortion and targeted killings managed from within jails.
The Delhi government has formulated a strategic plan to transfer undertrial gangsters, organized criminals, and other high-risk prisoners from its jails to prisons in other states. This decisive move is intended to curb the rising tide of organized crime and significantly strengthen prison security within the national capital.
Addressing the Legal Vacuum
According to a statement from the Chief Minister’s Office (CMO), the government intends to implement the Transfer of Prisoners (Punjab Amendment) Act, 2025 in Delhi. This legislative step is designed to bridge a critical gap in the existing legal framework. Currently, the Transfer of Prisoners Act, 1950 only facilitates the inter-state transfer of convicted prisoners, leaving a loophole for undertrials whose custody is managed via court-issued remand warrants. Furthermore, the Prisons Act, 1900 restricts transfers to within a single state.
Why This Matters
BozokMedia analysis shows that the ability of hardened criminals to operate from within prison walls poses a severe threat to public safety. Chief Minister Rekha Gupta highlighted that many high-risk undertrials continue to orchestrate targeted killings, extortion rackets, and criminal conspiracies while in custody. By shifting these individuals to different states, the government aims to sever their links to local criminal networks and prevent them from intimidating witnesses or interfering with ongoing trial proceedings.
Decoupling criminals from their local influence is essential to dismantling the infrastructure of organized crime.
The urgency of this move is underscored by recent data. As of May 2026, Delhi recorded 188 members belonging to 26 identified gangs, with 107 individuals already under arrest. The proposed system would allow for such transfers through the mutual consent of the involved states or with the direct approval of the Ministry of Home Affairs (MHA).
Historical Background
Historically, prisoner management in India has been largely a state subject, making inter-state movement a complex bureaucratic process. The existing laws were primarily designed for administrative convenience rather than proactive crime prevention, which is why the new amendment specifically targets the 'undertrial' loophole that criminals have long exploited.
Frequently Asked Questions
1. Which authority will approve the transfer of these prisoners?
The transfer can occur through the mutual consent of the concerned states or via the approval of the Ministry of Home Affairs.
2. Why can't current laws handle this?
Current laws primarily cover convicted prisoners, whereas the new proposal specifically addresses the legal status of undertrial gangsters.