section-561 of the Code of Criminal Procedure, 1898
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 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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