Why in news
- The Delhi government has proposed adopting the Transfer of Prisoners (Punjab Amendment) Act, 2025 to enable the inter-State transfer of high-risk undertrial prisoners.
What is the existing legal framework?
- The Transfer of Prisoners Act, 1950 governs the relocation of convicted prisoners between States.
- The 1950 Act lacks explicit provisions for shifting undertrial prisoners, whose custody remains strictly bound to regional judicial remand warrants.
Proposed structural changes
- Adopts the Transfer of Prisoners (Punjab Amendment) Act, 2025 to extend inter-State relocation powers to undertrial gangsters and organized criminals.
- Requires mutual consent of involved State governments or approval from the Ministry of Home Affairs (MHA) to execute custody transfers.
Why it matters
- Fills a regulatory lacuna in law enforcement by preventing organized crime networks from operating within localized prison systems.
- Strengthens prison administration while ensuring procedural oversight for judicial remand custody.
Key terms
Undertrial Prisoner
An accused person who is kept in judicial custody during the investigation or trial period prior to conviction.
Remand Warrant
A formal order issued by a judicial magistrate directing the detention of an accused in prison custody.
Prelims facts
- Transfer of Prisoners Act, 1950 applies centrally to convicted prisoners, necessitating specific state amendments for undertrials.
Mains discussion
- Discuss the legal and human rights implications of transferring undertrial prisoners across state jurisdictions.
Source: The Hindu