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, 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)

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WritingLawEvidence Act, 1872Section 26 Evidence Act Law Study Material