Delhi High Risk Prisoners Interstate Transfer: Rekha Gupta Government is busy in breaking the gang network in Delhi jails. For this, the Rekha Gupta government of Delhi is planning to transfer the high-risk prisoners lodged in jails to the jails of other states. For this, it has been proposed to implement the Transfer of Prisoners (Punjab Amendment) Act-2025. Having it will increase the security of jails. It will also be successful in stopping gang war and breaking the criminal network operating from within the jail.
The Delhi government believes that this system will strengthen the security of jails, curb gang wars and help in breaking the network of organized crime operating from within the jails. With this, undertrial gangsters, organized criminals and high-risk prisoners lodged in the jails of the capital can be transferred to the jails of other states if needed.
Chief Minister Rekha Gupta said that the objective of this initiative is to enable interstate transfer of high-risk prisoners keeping in mind jail security, law and order and larger public interest. Also, its real objective is to strengthen coordination among many states to deal with organized crime.
Why was this law needed?
In fact, there are a large number of notorious criminals lodged in the jails of Delhi, who have not been proven guilty yet and cases are pending against them. In the current legal system, there is a provision to send convicted prisoners from one state to another jail, but there is no effective system for inter-state transfer of undertrial prisoners. According to the government, by taking advantage of this legal loophole, some high-risk undertrials keep their criminal networks active even while inside the jail. In May 2026, 188 members of 26 identified gangs were identified in Delhi, out of which 107 gangsters were arrested.
How will transfer to another state happen?
Under the proposed system, the decision to send an undertrial gangster or high-risk prisoner to the jail of another state can be taken on the basis of mutual consent of the concerned states or the approval of the Home Ministry. This means that every undertrial prisoner will not be arbitrarily sent to another state. The decision will be taken keeping in mind aspects like the condition of high-risk prisoners, security needs, law and order and public interest.
What is the problem with the current law
At present, the system of transfer of prisoners under the Transfer of Prisoners Act, 1950 is mainly for prisoners who have been proven guilty. Undertrial prisoners remain in jail on the basis of remand warrant of the concerned trial court. The current arrangement related to their transfer is limited to transfer within the state boundaries. This is why there is a lack of clear legal mechanism to send a notorious undertrial gangster lodged in a Delhi jail to a jail in another state if he is considered a serious threat to jail security or law and order. To overcome this deficiency, the Punjab Government had amended the 'Transfer of Prisoners (Punjab Amendment) Act, 2025'. This amendment received the approval of the President on 21 April 2025.
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