No confession made by any person whlist the 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, 1882 (10 of 1882)⁴ ].

_____________________

1. A Coroner has been declared to be Magistrate for the purposes of this section, see the Coroners Act, 1871 (4 of 1871) section 20.

2. Inserted by Act 3 of 1891, section 3.

3. The word "on in Burma" omitted by the A.O. 1937.

4. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974.)