The INDIAN EVIDENCE ACT, 1872 Last updated:-13-3-2020

RELEVANCY OF FACTS

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, 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 [Omitted or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 18827 (10 of 1882).]