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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XLVI

MISCELLANEOUS

Special provisions with respect to offence of rape by a husband
561.(1) Notwithstanding anything in this Code, no Magistrate 1[except the Chief Metropolitan Magistrate or a] 2[Chief Judicial Magistrate] shall–
 
 
(a) take cognizance of the offence of rape where the sexual intercourse was by a man with is wife, or
 
 
(b) 3[send] the man for trial for the offence.
 
 
(2) And, notwithstanding anything in this Code, 4[if the Chief Metropolitan Magistrate or a] 5[Chief Judicial Magistrate] deems it necessary to direct an investigation by a police-officer, with respect to such an offence as is referred to in sub-section (1), no police-officer of a rank below that of police-inspector shall be employed either to make, or to take part in, the investigation.

  • 1
    The words and letter "except the Chief Metropolitan Magistrate or a" were substituted, for the word and letter "except a" by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
  • 2
    The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 98(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 3
    The word "send" was substituted, for the word "commit" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 4
    The words and letter "if the Chief Metropolitan Magistrate or a" were substituted, for the word "if a" by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
  • 5
    The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 98(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
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