Page 9 - Supreme Court Good Samaritan Statutory Force of GOI - 12 May 2015

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11. The Ministry of Road Transport and Highways has issued a

notification containing guidelines on 12.5.2015 published in the Gazette

of India para 1 of Section 1 of the Notification dated 12.5.2015 for

protection of good Samaritans and a further Notification has been issued

on 21.1.2016 in accordance with para 1(7) and 1(8) of the guidelines

dated 12.5.2015 which required standard operating procedures to be

framed and issued for examination of good Samaritans by the police or

during trial. It has been mentioned in the affidavit filed by Ministry of

Road Transport and Highways, Government of India that in the absence

of any statutory backing, it is felt that it will be difficult to enforce these

guidelines issued on 12.5.2015 and standard operating procedures as

notified on 21.1.2016. It has also been mentioned that the notified

guidelines in relation to protection of a bystander or good Samaritan are

without prejudice to the liability of the driver of a motor vehicle

involved in the road accident, as specified under section 134 of the

Motor Vehicles Act, 1988.

Notification dated 12.5.2015 issued by the Ministry of Road

Transport and Highways containing guidelines for protection of good

Samaritans to be in force till appropriate legislation is framed by Union

Legislature, is extracted hereunder:

“No.25035/101/2014-RS.—Whereas the Hon'ble
Supreme Court in the case of Savelife Foundation
and another V/s. Union Of India and another in Writ

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