Page 10 - Supreme Court Good Samaritan Statutory Force of GOI - 12 May 2015

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Petition (Civil) No. 235 of 2012 vide its order dated
29th October, 2014, interalia, directed the Central
Government to issue necessary directions with regard
to the protection of Good Samaritans until
appropriate legislation is made by the Union
Legislature;
And whereas, the Central Government considers it
necessary to protect the Good Samaritans from
harassment on the actions being taken by them to
save the life of the road accident victims and,
therefore, the Central Government hereby issues the
following guidelines to be followed by hospitals,
police and all other authorities for the protection of
Good Samaritans, namely:-
1. (1) A bystander or good Samaritan including an
eyewitness of a road accident may take an injured
person to the nearest hospital, and the bystander or
good Samaritan should be allowed to leave
immediately except after furnishing address by the
eyewitness only and no question shall be asked to
such bystander or good Samaritan.
(2) The bystander or good Samaritan shall be suitably
rewarded or compensated to encourage other citizens
to come forward to help the road accident victims by
the authorities in the manner as may be specified by
the State Governments.
(3) The bystander or good Samaritan shall not be
liable for any civil and criminal liability.
(4) A bystander or good Samaritan, who makes a
phone call to inform the police or emergency services
for the person lying injured on the road, shall not be
compelled to reveal his name and personal details on
the phone or in person.
(5) The disclosure of personal information, such as
name and contact details of the good Samaritan shall
be made voluntary and optional including in the
Medico Legal Case (MLC) Form provided by
hospitals.
(6) The disciplinary or departmental action shall be
initiated by the Government concerned against public
officials who coerce or intimidate a bystander or
good Samaritan for revealing his name or personal
details.

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