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, 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).
Section 21 Proof of admissions against persons making them, and by or on their behalf
Section 22 When oral admissions as to contents of documents are relevant
Section 22A When oral admission as to contents of electronic records are relevant
Section 23 Admissions in civil cases when relevant
Section 25 Confession to police-officer not to be proved
Section 26 Confession by accused while in custody of Police not to be proved against him
Section 27 How much of information received from accused, may be proved
Section 29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc