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 Magistrate1, shall be proved as against such person.
2[Explanation. -- In this section Magistrate does not include the head of a village discharging
magisterial functions in the Presidency of Fort St. George 3*** or elsewhere, unless such headman is a
Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure,
18824 (10 of 1882).]
Notes:
1.. A coroner has been declared to be a Magistrate for the Purposes of this section, see the coroners Act, 1871 (Act 4 of 1871), s. 20.
2. Ins. by Act 3 of 1891, s. 3.
3. The words "or in Burma" rep. by the A.O. 1937.
4. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).