Page 20 - Supreme Court Good Samaritan Statutory Force of GOI - 12 May 2015

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of the Constitution of India so as to provide immediate help to the

victims of the accident and at the same time to provide protection to

Good Samaritans. The guidelines will have the force of law under

Article 141. By virtue of Article 144, it is the duty of all authorities –

judicial and civil – in the territory of India to act in aid of this Court by

implementing them.

19. We have carefully gone through the notification dated 12.5.2015.

However, as per the guidelines contained in para 13, the

‘acknowledgement’ if so desired by Good Samaritans, has to be issued

as may be prescribed in a standard format by the State Government. In

our opinion, till such time the format is prescribed, there should be no

vacuum hence we direct that acknowledgement be issued on official

letter-pad etc. and in the interregnum period, if so desired by Good

Samaritan, mentioning the name of Samaritan, address, time, date, place

of occurrence and confirming that the injured person was brought by the

said Samaritan.

We have also gone through the notification dated 21.1.2016 with

respect to the examination of Good Samaritan by the Police as contained

in para 2(vii) which we modify and be read in the following manner :

“The affidavit of Good Samaritan if filed, shall be
treated as complete statement by the Police official
while conducting the investigation. In case statement
is to be recorded, complete statement shall be
recorded in a single examination.”

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