It is only wrongful confinement which is punishable under the Indian Penal Code. Confinement by a person who has the authority to keep in his custody the person confined cannot be said to be wrongful nor can that person be said to be acting wrongfully. This rule can be applied not only to minor unmarried persons but also minor wife.
Where a husband keeps his minor wife at his house, may be against her wishes, he cannot be said to have been acting wrongfully and thereby guilty of the offence of wrongful confinement.
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ADVERTISEMENTS:
An application for the issue of a search warrant under Section 97 in respect of the wife, is not, therefore, maintainable and when the wife is produced before the Magistrate in execution of the search warrant, the wife is to be handed over to the husband unconditionally and not subject to the furnishing of security.
Having initially exercised the jurisdiction illegally, he cannot later act illegally by usurping the function of the civil court by appointing another person as guardian. [Harihar v. State of U.P., 1963 (2) Cr.L.J. 541 (All)]