Section 561Chapter XLVI
Special provisions with respect to offence of rape by a husband
MISCELLANEOUS
(1) Notwithstanding anything in this Code, no Magistrate 592[except the Chief Metropolitan Magistrate or a] 593[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)
594[send] the man for trial for the offence.
(2)
And, notwithstanding anything in this Code, 595[if the Chief Metropolitan Magistrate or a] 596[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.