The Evidence Act 1872 was replaced by the BSA 2023 (in force 2024-07-01); no verified section mapping on file for Section 26 — confirm the corresponding provision (savings: Section 170, BSA 2023).
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. [Explanation.-- In this section "Magistrate" does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George [x x x x] or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882 (10 of 1882).] Inserted by Act 3 of 1891, S.3. The words "or in Burma" Omitted by the A. O. 1937.