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 1 , 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, 1882 4 (10 of 1882).]

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