Hardcore Criminals Exploiting Jurisdictional Loopholes In NCR States : Supreme Court Flags Issue

Jurisdictional Loopholes In Delhi-NCR Help Organised Criminals Exploit Inter-State Boundaries: Supreme Court

Raising serious concerns over jurisdictional gaps in the Delhi-NCR that allow organised criminals to game the criminal justice system, the Supreme Court of India on Friday flagged the urgent need for an effective legal mechanism to address inter-State complications that frequently derail trials in grave offences under Central Penal Laws.

A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a matter concerning the creation of exclusive special courts for trials under Central Penal Laws.

During the hearing, the Court drew attention to a recurring systemic problem in the National Capital Region, where organised and professional criminals allegedly exploit territorial jurisdiction issues across Delhi and neighbouring States. The Bench noted that offences are often committed in one State, while their investigation or trial becomes traceable to another State within the NCR, leading to confusion and delay.

"During the course of the hearing, this has also transpired that in matters of grave offences under the Central Penal Laws, where the organised professional/hardcore criminals are involved, they take undue advantage of the territorial jurisdictional issues in NCR. Sometimes the offence is committed in 'A' State and its trials are traceable in 'B' or 'C' State also. However, which police or agency should take cognizance of the matter for prompt investigation or which Court should be the competent jurisdictional Court, becomes a debatable issue in the ensuing criminal trial. The eventual benefit goes to the unscrupulous criminals, which may not be in the interest of society or the nation. It seems that the issue requires consideration before the relevant quarters, including the desirability of the formulation of an effective law for optimum utilization of the existing legal architecture"

On the issue of setting up special courts, the Bench recorded that the Delhi Government has identified 16 special courts to be established within a period of three months. Additional Solicitor Generals Aishwarya Bhati and S.D. Sanjay appeared for the Delhi Government and apprised the Court of the progress made so far.

Expressing optimism over the assurances given, the Court noted that the Union of India had shown commitment towards providing both infrastructural support and recurring expenditure for the proposed courts. “We are hopeful that with the commitment shown by the Union of India, for providing infrastructural and the recurring expenditure, necessary steps for the establishment of the Special Courts shall be taken,” the Bench said.

The Court further directed all stakeholders to complete the required steps within four weeks and posted the matter for further consideration on February 10, 2026, in the batch of matters relating to the creation of special exclusive courts (In re: Creation of Special Exclusive Courts).

Read order here