Section 26 IEA – The Indian Evidence Act, 1872 – Confession by accused while in custody of police not to be proved against him.
Section 26. Confession by accused while in custody of police not to be proved against him.––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).]
- 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.
- Ins. by Act 3 of 1891, s. 3.
- The words “or in Burma” rep. by the A.O. 1937.
- See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
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