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 Magistrate1, shall be proved as against such person.

Explanations

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)4.

1. A Coroner has been declared to be Magistrate for the purposes of this section, see the Coroners Act, 1871 (4 of 1871) section 20.