law: 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,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).