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] [A Coroner has been declared to be a Magistrate for the purposes of this section, see the Coroners Act, 1871 (4 of 1871), Section 20.], 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 [* * *] [Inserted by Act 3 of 1891, Section 3.] or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the [Code of Criminal Procedure. 1882 (10 of 1882)] [Now see the Code of Criminal Procedure, 1973 (2 of 1974).].]
