# Chhattisgarh High Court Rejects ‘Voluntary’ Police Custody

2026-08-07T06:10:25+00:00 | Governance | Indian Opinion Desk

Corroboration: 1 independent outlet

The Chhattisgarh High Court has ruled that police cannot keep a person in custody under the guise of voluntary cooperation to avoid Article 22 safeguards. The court said constitutional protection begins when police substantially curtail a person’s liberty, not when officers prepare a formal arrest memo. The ruling concerned a cyber fraud case in which the petitioner was allegedly taken from Rohtak on 28 June 2026, transported through Delhi to Chhattisgarh and produced before a magistrate on 30 June. The court found that he remained under police control throughout. It held that an endorsement on a Section 35(3) BNSS notice did not prove genuine consent, declared the detention illegal, quashed the remand orders and ordered his release.

## Coverage

- livelaw.in <https://www.livelaw.in/high-court/chhattisgarh-high-court/mere-endorsement-voluntariness-notice-police-custody-not-sufficient-544741>

Tags: Article 22, BNSS, Chhattisgarh High Court, personal liberty, police custody
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