Page 11 - Supreme Court Good Samaritan Statutory Force of GOI - 12 May 2015

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(7) In case a bystander or good Samaritan, who has
voluntarily stated that he is also an eye-witness to the
accident and is required to be examined for the
purposes of investigation by the police or during the
trial, such bystander or good Samaritan shall be
examined on a single occasion and the State
Government shall develop standard operating
procedures to ensure that bystander or good
Samaritan is not harassed or intimidated.
(8) The methods of examination may either be by
way of a commission under section 284, of the Code
of Criminal Procedure 1973 or formally on affidavit
as per section 296, of the said Code and Standard
Operating Procedures shall be developed within a
period of thirty days from the date when this
notification is issued.
(9) Video conferencing may be used extensively
during examination of bystander or good Samaritan
including the persons referred to in guideline (1)
above,who are eye witnesses in order to prevent
harassment and inconvenience to good Samaritans.
(10) The Ministry of Health and Family Welfare shall
issue guidelines stating that all registered public and
private hospitals are not to detain bystander or good
Samaritan or demand payment for registration and
admission costs, unless the good Samaritan is a
family member or relative of the injured and the
injured is to be treated immediately in pursuance of
the order of the Hon’ble Supreme Court in Pt.
Parmanand Katara vs Union of India & Ors [1989] 4
SCC 286.
(11) Lack of response by a doctor in an emergency
situation pertaining to road accidents, where he is
expected to provide care, shall constitute
“Professional Misconduct”, under Chapter 7 of the
Indian Medical Council (Professional Conduct,
Etiquette and Ethics) Regulation, 2002 and
disciplinary action shall be taken against such doctor
under Chapter 8 of the said Regulations.
(12) All hospitals shall publish a charter in Hindi,
English and the vernacular language of the State or
Union territory at their entrance to the effect that they
shall not detain bystander or good Samaritan or ask

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