Assistance in case of Accident

When a person is injured or any property of third party is damaged as a result of accident, in which the motor vehicle is involved, the driver of the vehicle shall take all reasonable steps to secure medical attention of the injured person, and if necessary, to move him to the nearest hospital, unless the injured person or his guardian, desires otherwise. In case of violation of the rule, the driver shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees or with both.

Timely assistance to the victim(s) of a road accident is considered as a major factor to reduce the loss of life and to minimise the casualties. Formerly, at the spot of the accident, the bystanders and passers-by avoid to lend any helping hand due to fear of the police or hassles of the court proceedings.

On a petition filed by an NGO “Save Life Foundation”, the Supreme Court of India has given detailed guidelines, in the year 2016, to provide a legal shield from any kind of harassment to the people who helps the victims of road accidents. The Court has approved the standard operating procedures for the examination of “Good Samaritans”. The standard procedure states that the good Samaritans are to be treated respectfully and without any discrimination, the informant of the road accident need not disclose his/her name, address, phone number etc. to the police, the police, on arrival at the scene, cannot compel the informant to disclose the identity or address or to be witness. If a good Samaritan so chooses to be witness, then he/she shall be examined with utmost care and respect and without any discrimination. The examination shall be conducted at a time and place of the convenience of the good Samaritan and the police officer shall visit him/her in plain clothes. If examination is not possible at a time and place of his/her choice and asked to visit the police station, then the reason for the same should be recorded in writing. In case of examination at the police station, he/she shall be examined in a single examination in a reasonable and time bound manner, without any undue delay. He/she shall also be allowed to give his evidence on affidavit as per the law. The Court has also stated that “The Superintendent of Police or Deputy Commissioner of Police or any other Police official of corresponding seniority heading the Police force of a District, as the case may be, shall be responsible to ensure that all the above mentioned procedures are implemented throughout their respective jurisdictions with immediate effect.” This pronouncement was made to have an impact in reducing the causalities of road accidents. There is a need to publicise the guidelines and enforcement of guidelines by concerned authorities.