# The Indian Evidence Act, 1872, Section 26: Confession by accused while in custody of police not to be proved against him

- Act: The Indian Evidence Act, 1872 (Act 1 of 1872)
- In force from: 1872-09-01
- Ministry: Ministry of Law and Justice
- Source URL: https://indiacode.ecourtsindia.com/iea/section/26/

## Text

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 or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 18826 (10 of 1882).]

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