Section 26 Indian Evidence Act 1872
Section 26 of the Indian Evidence Act 1872 is about ‘Confession by accused while in custody of police not to be proved against him’. It is under ‘ADMISSIONS’ of Chapter II of the Act. Chapter II is titled ‘OF THE RELEVANCY OF FACTS‘.
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, 18826 (10 of 1882).]
See also:
Section 25 Indian Evidence Act 1872 (Confession to police-officer not to be proved)
Section 27 Indian Evidence Act 1872 (How much of information received from accused may be proved)