Section 26. Confession by accused while in custody of police not to be proved against him

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[4] , shall be proved as against such person. 5[ Explanation .--In this section "Magistrate" does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George[6] * or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882[7] (10 of 1882).] Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure,