Special provisions with respect to offence of rape by a husband

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-

1. (a) take cognizance of the offence of rape where the sexual intercourse was by a man with his wife; or
2. (b) commit the man for trial for the offence.

1. (2) And, notwithstanding anything in this Code, if a 1[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.