Special provisions with respect to offence of rape by a husband
561.(1) Notwithstanding anything in this Code, no Magistrate [except the Chief Metropolitan Magistrate or a] [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) [send] the man for trial for the offence.
(2) And, notwithstanding anything in this Code, [if the Chief Metropolitan Magistrate or a] [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.
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Ministry of Law, Justice and Parliamentary Affairs