section-561 of the Code of Criminal Procedure, 1898

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The Code of Criminal Procedure, 1898

(ACT NO. V OF 1898)

PART IX

SUPPLEMENTARY PROVISIONS

CHAPTER XLVI

MISCELLANEOUS



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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