Rules for protection of Good Samaritans notified

New Delhi, October 1 (MExN): The Ministry of Road Transport and Highways (MoRTH) has notified rules for the protection people helping the road accidents victims on the spot, informed an official statement on October 1. 

The rules, published by the Ministry on September 29, provide for “the rights of good samaritan which include that the the good samaritan be treated respectfully without any discrimination on the grounds of religion, nationality, caste or sex,” the MoRTH said in the statement. 

“No police officer or any other person shall compel a Good Samaritan to disclose his/her name, identity, address or any such other personal details,” it added. 

However, they can voluntarily choose to disclose the same. 

The Rules further stipulated that every public and private hospital shall publish a charter in Hindi, English and vernacular language, at the entrance or other conspicuous location, and on their website, stating the rights of Good Samaritans under the Act and the rules made thereunder, it added. 

Further, if a person has voluntarily agreed to become a witness in the case in which s/he has acted as a Good Samaritan, they would be examined in accordance with the provisions of this rule, for which detailed guidelines and process has been mentioned in the rules, the Ministry said. 

The Motor Vehicles (Amendment) Act, 2019, inserted a new section 134A, viz. "Protection of good Samaritans" which provides that a “Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle...” it said. 

The Act defined a Good Samaritan as a person who renders emergency medical or non-medical assistance to a victim at the scene of an accident. The assistance must have been (i) in good faith, (ii) voluntary, and (iii) without the expectation of any reward.  

“Such a person will not be liable for any civil or criminal action for any injury to or death of an accident victim, caused due to their negligence in providing assistance to the victim,” a PRS Legislative Research explanation of the Act informed.
 



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