Section 561 in The Code of Criminal Procedure, 1989 (1933 A. D.)
561. Special provisions with respect to offence of rape by a husband.
(1)Notwithstanding anything in this Code, no Magistrate except a 1[Chief Judicial Magistrate] shall-(a)take cognizance of the offence of rape where the sexual intercourse was by a man with his wife ; or(b)commit the man for trial for the offence.(2)And, notwithstanding anything in this Code, if a [Chief Judicial Magistrate] [Substituted by Act XL of 1966 for 'the District 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.
