Protection of Women from Domestic Violence Act, 2005 | Section 2
Section 2 of the Domestic Violence Act, 2005: Definitions Explained
Section 2 of the Protection of Women from Domestic Violence Act, 2005 contains the core definitions used throughout the Act. These terms determine who can seek protection, the relationships covered, the meaning of a shared household, the authorities involved, and the principal forms of relief.
Key definitions under Section 2
Meaning of the terms defined in Section 2
The following explanations preserve the substance of Section 2 while presenting it in a concise article format. For authoritative statutory wording, use the official India Code link in the resources section.
Aggrieved person Section 2(a)
Any woman who is, or has been, in a domestic relationship with the respondent and alleges that she has been subjected to domestic violence.
Child Section 2(b)
A person below eighteen years, including an adopted, step or foster child.
Compensation order Section 2(c)
An order granted under Section 22 of the Act.
Custody order Section 2(d)
An order granted under Section 21 of the Act.
Domestic incident report Section 2(e)
A report made in the prescribed form after receipt of a complaint of domestic violence from an aggrieved person.
Domestic relationship Section 2(f)
A relationship between two persons who live, or have at any point lived, together in a shared household and are related by consanguinity, marriage, a relationship in the nature of marriage, adoption, or as family members living together as a joint family.
Domestic violence Section 2(g)
Has the meaning assigned by Section 3, which sets out physical, sexual, verbal and emotional, and economic abuse and other covered conduct.
Dowry Section 2(h)
Has the meaning assigned by Section 2 of the Dowry Prohibition Act, 1961.
Magistrate Section 2(i)
The Judicial Magistrate of the first class or, as applicable, the Metropolitan Magistrate having jurisdiction under the applicable criminal procedure law in the area specified by the Act.
Medical facility Section 2(j)
A facility notified by the State Government as a medical facility for purposes of the Act.
Monetary relief Section 2(k)
Financial relief that the Magistrate may direct the respondent to pay to meet expenses incurred and losses suffered because of domestic violence.
Notification Section 2(l)
A notification published in the Official Gazette; 'notified' is construed accordingly.
Prescribed Section 2(m)
Prescribed by rules made under the Act.
Protection Officer Section 2(n)
An officer appointed by the State Government under Section 8(1).
Protection order Section 2(o)
An order made under Section 18.
Residence order Section 2(p)
An order granted under Section 19(1).
Respondent Section 2(q)
The statutory text originally used the expression 'adult male person'. The Supreme Court in Hiral P. Harsora v. Kusum Narottamdas Harsora struck down the words 'adult male', so the definition is not confined to adult male respondents.
Service provider Section 2(r)
An entity registered under Section 10(1).
Shelter home Section 2(t)
A shelter home notified by the State Government for purposes of the Act.
Important connected provisions
Section 2 works with the substantive and procedural provisions of the Act. In particular, Section 3 defines domestic violence; Sections 17 to 19 deal with residence and protection orders; Sections 20 to 22 provide monetary, custody and compensation relief; and Sections 27 to 29 address jurisdiction, procedure and appeal.
The definition of "dowry" in Section 2(h) incorporates the meaning in Section 2 of the Dowry Prohibition Act, 1961. The expressions "compensation order", "custody order", "protection order" and "residence order" point directly to Sections 22, 21, 18 and 19 respectively.
Official legal resources
India Code - Protection of Women from Domestic Violence Act, 2005
Supreme Court - Hiral P. Harsora v. Kusum Narottamdas Harsora
India Code - Section 2, Dowry Prohibition Act, 1961