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26. Confession by accused while in custody of police not to be proved against him

Confession by accused while in custody of police not to be proved against him.-No confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, 3* shall be proved as against such person. 4*[Explanation.--In this section "Magistrate" does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George 5*** or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882 6* (10 of 1882).]

3. A Coroner has been declared to be a Magistrate for the purposes of this section, see the Coroners Act, 1871 (4 of 1871), s. 20.
4. Ins. by Act 3 of 1891, s. 3.
5. The words "or in Burma" rep. by the A. O. 1937.
6. See now the Code of Criminal Procedure, 1898 (Act 5 of 1898).