Section 76(2) in Criminal Courts - Rules and Orders
(2)Magistrates recording confessions are forbidden to send for or examine the statement, if any, made to the police by the person making the confession.Note. - Every Magistrate empowered to record a confession must keep a stock of the special forms prescribed for the record of his proceedings (Schedule V, No. 189). If questions are not put to elicit that the confession is being made voluntarily the confession is not only inadmissible under Section 164 of the Code but also cannot be used under the provisions of the Indian Evidence Act such as Sections 21 and 29.
