# 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 Magistrate¹, 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, 1882⁴ (10 of 1882).]

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1.. A coroner has been declared to be a Magistrate for the Purposes of this section, <i>see</i> 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. <i>See</i> now the Code of Criminal Procedure, 1973 (Act 2 of 1974).

ADMISSIONS

22A

When oral admission as to contents of electronic records are relevant

Admissions in civil cases when relevant

Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding

Confession to police-officer not to be proved

How much of information received from accused, may be proved

Confession made after removal of impression caused by inducement, threat or promise, relevant

Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc

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