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, 3[ shall be proved as against such person. 4[ Explanation.-- In this section" Magistrate" does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George 5[ or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 18826[ (10 of 1882 ).]