Delhi Plans Interstate Transfer of High-Risk Undertrials to Tighten Prison Security

New Delhi, August 23, 2026; The Delhi government is considering a major prison-security measure under which gang members, organised crime suspects and other high-risk undertrial prisoners could be moved to jails in other states.

The proposal is aimed at preventing hardened criminals from continuing to operate their networks from inside Delhi’s prisons and reducing the threat of gang-related violence, intimidation and interference in criminal proceedings.

Chief Minister Rekha Gupta said the proposed arrangement would facilitate the interstate movement of high-risk prisoners in cases where it is considered necessary for prison security, maintenance of law and order and public interest. The initiative is also intended to improve coordination between states in dealing with organised crime.

Under the proposed framework, an undertrial could be shifted to a prison in another state with the consent of the governments concerned or through approval from the Ministry of Home Affairs, as applicable.

The Delhi government plans to extend the provisions of the Transfer of Prisoners (Punjab Amendment) Act, 2025, to the national capital. The amended legislation, which received presidential assent in April 2025, created a mechanism for transferring undertrial prisoners between states on grounds including security, public order and public interest.

At present, the Transfer of Prisoners Act, 1950 primarily provides for the interstate movement of convicted prisoners. The existing legal framework has also limited the transfer of undertrials between states, creating difficulties in dealing with prisoners considered particularly dangerous or influential.

Delhi authorities have pointed to the activities of organised criminal groups as one of the reasons behind the proposed move. According to government data cited in the statement, 188 members of 26 identified gangs were identified in the capital in May 2026, while 107 of them had been arrested.

Officials have raised concerns that some gang-linked undertrials continue to maintain contacts outside prison and may attempt to influence witnesses, coordinate criminal activities or intensify rivalries while awaiting trial.

The proposed interstate transfers are therefore being viewed as a way to separate influential gang members from their local networks and make it more difficult for them to affect witnesses or interfere with ongoing investigations and trials.

The government has also referred to Section 20 of the Model Prison and Correctional Services Act, 2023, which provides a framework for transferring prisoners between states with the required consent. The provision also covers undertrial prisoners, subject to the consent of the concerned trial court.

If implemented in Delhi, the proposed mechanism would give authorities an additional legal route to relocate high-risk undertrials when circumstances warrant such action. The government expects the measure to strengthen prison administration, limit gang operations from jails and support closer interstate coordination against organised crime.