After section 198 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the said Code), the following new section shall be inserted, namely:--

"198A. Prosecution for offence of marital misbehaviour.--

No Court shall take cognizance of an offence under section 376 of the Indian Penal Code, where such offence consists of sexual intercourse by a man with his own wife the wife being under fifteen years of age,--

(i) if more than one year has elapsed from the, date of the commission of the offence,

(ii) in the case of any marriage which has taken place before the Indian Penal Code and the Code of Criminal Procedure (Amendment) Act, 1949, came into force, if the wife was not under thirteen years of age on the date of the marriage."