The Indian Evidence Act, 1872
§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 , 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, 1882 (10 of 1882).]