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 Magistrate4, shall be proved as against such person.
5[Explanation.––In this section “Magistrate” does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George 6*** or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 18827 (10 of 1882).]
1A 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.
2Ins. by Act 3 of 1891, s. 3.
3The words “or in Burma” rep. by the A.O. 1937.
4See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).