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

INDIAN EVIDENCE ACT, 1872

Section 26 - 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, 18826* (10 of 1882).]