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 Magistrate1, shall be proved as against such person.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 Magistrate2, shall be proved as against such person. 2Explanation.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.