26. Confession by accused while in custody of police not to be proved against him.- No confession made by any person whilst the 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)}.

*[Now read as Code of Criminal Procedure, 1973