Page 2 - Supreme Court Good Samaritan Statutory Force of GOI - 12 May 2015

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3. The Department of Road Transport is responsible for framing motor

vehicle legislation and evolving road safety standards in India. The WHO in

its ‘World Report on Road Traffic Injury Prevention, 2004’ has projected that

by 2020, road accidents will be one of the biggest killers in India. It also

emphasized that in low income countries, the most common desisting factor

restraining the public from coming forward to help victims, is the apparent fear

of being involved in police cases. There is need to build confidence amongst

the public to help road accident victims. Bystanders should not be insisted to

divulge their personal particulars or detained in the hospital for interrogation.

People are hesitant to render immediate help to the road accident victims. The

victims lay wounded on the road for some time till the arrival of police. Delay

rendering medical help in such cases sometimes is fatal. Good Samaritans

have the fear of legal consequences, involvement in litigation and repeated

visits to police station. There is urgent need to tackle these issues. There is

need to establish legal framework so that Good Samaritan is empowered to act

without any fear of adverse consequences or harassment. Save life must be the

top priority.

4. Several countries have enacted such laws. In England and Wales, the

Parliament has enacted the Social Action, Responsibility and Heroism Act 2015

which provides for certain factors to be considered by the Court while hearing

an action for negligence or breach of duty. Section 2 of the Act provides that

the Court must consider whether the respondent was acting for the benefit of

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