Confession to police officer
23. Confession to police officer.
(1) No confession made to a police officer shall be proved as against a person accused of any offence.
(2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him:
Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved.
Notes
Confession by accused while in custody of police not to be proved against him
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 Magistrate,17 shall be proved as against such person.
18 [ Explanation- In this section "Magistrate" does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George 19[***] or else where, unless such headman is a Magistrate exercising the power of a Magistrate under the Code of Criminal Procedure, 188220 (10 of 1882).