Section 26 Indian Evidence Act, Section 26 Evidence Act
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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]1, shall be proved as against such person.
2[Explanation.––In this section “Magistrate” does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George 3*** or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882]4 (10 of 1882).
1. A coroner has been declared to be a Magistrate for the Purposes of this section, see the coroners Act, 1871(Act 4 of 1871), s. 20.
2. Ins. by Act 3 of 1891, s. 3.
3. The words “or in Burma” rep. by the A.O. 1937. 4. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
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