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 immediate presence of a Magistrate, shall be proved as against such person.

Explanation. -

In this section "Magistrate" does not include the head of a village discharging magisterial functions in the presidency of Fort St. George or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882 (10 of 1882).