Good Samaritan guidelines
Q. Which of the following are guidelines for the protection of good Samaritans?
1) A Samaritan, bystander, eyewitness should be allowed to leave immediately after furnishing address by the eyewitness only.
2) Such a person shall not be liable for any civil and criminal liability.
3) The accident eyewitnesses will be examined twice, once during police investigation and other during trial in court.- Published on 28 Mar 16a. 1, 3
b. 2, 3
c. 1, 2
d. All of the above
ANSWER: 1, 2
The Supreme Court had directed the central government to develop a set of guidelines for protecting good samaritans from police harassment and legal hassles. Key guidelines include:
- A bystander or good samaritan, including an eyewitness of a road accident, who takes the injured to the hospital, should be allowed to leave immediately after furnishing address by the eyewitness only. No questions shall be asked to such a person.
- Such a person shall not be liable for any civil and criminal liability.
- A person, who calls 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. Disciplinary action shall be initiated by the government against public officials who coerce or intimidate such person into revealing his name or personal details.
- It will be the Good Samaritan’s choice to share his name and contact details in medico legal case forms, which the police fill out when an accident victim is brought to the hospital for treatment.
- The guidelines, issued by the ministry of road transport and highways, have also asked the State governments to work out a plan to reward or compensate Good Samaritans to encourage citizens to come forward and help road accident victims.
- The accident eyewitnesses will be examined only once during police investigation or trial in court and action will be taken against government officials who force a bystander to reveal name and personal details. The guidelines will protect a person who helps an injured person on the road, from legal and procedural hassles at the hands of the police, hospitals and legal entities. The Ministry of Road Transport and Highways will be issuing these guidelines.
- The Ministry of Health and Family Welfare shall issue guidelines stating that all registered public and private hospitals will:
(i) not detain a bystander or good samaritan, or
(ii) demand payment for registration and admission costs, unless the person is a relative of the injured.
