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).

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