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.
1 Explanation. –– In this section “Magistrate” does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George 2 *** or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 18823 (10 of 1882).
1. Ins. by Act 3 of 1891, s. 3.
2. The words “or in Burma” rep. by the A.O. 1937.
3. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
