Ministry of Road Transport and Highways (Road Safety) Notification No. RT-25035/101/2014-RS
The Ministry of Road Transport and Highways (Road Safety), through Notification No. RT-25035/101/2014-RS dated 21st January, 2016, issued procedures for police and courts when examining Good Samaritans who assist people injured or in distress on roads. The procedures support the Ministry of Road Transport and Highways guidelines in Notification No. 25035/101/2014-RS dated 12th May, 2015, which protect Good Samaritans from harassment, compulsory disclosure of personal details and civil or criminal liability.
What the notifications govern
The Ministry of Road Transport and Highways guidelines dated 12th May, 2015 apply to bystanders, passers-by and eyewitnesses who choose to help road accident victims. They give directions to hospitals, police and other authorities to protect such people from harassment.
The Ministry of Road Transport and Highways (Road Safety) procedures dated 21st January, 2016 explain how police and courts should deal with a Good Samaritan, particularly when that person chooses to become a witness.
Protection when reporting or helping
The Ministry of Road Transport and Highways guidelines provide that:
- A Good Samaritan may take an injured person to the nearest hospital and should be allowed to leave immediately. Only an eyewitness may be required to provide an address.
- A person calling police or emergency services about someone injured on the road cannot be compelled to disclose a name or personal details.
- Providing a name and contact details, including in a hospital Medico Legal Case Form, is voluntary and optional.
- A Good Samaritan is not liable for civil or criminal liability arising from the assistance.
- Public officials who coerce or intimidate a Good Samaritan into revealing personal details may face disciplinary or departmental action.
- State Governments may specify rewards or compensation to encourage people to assist road accident victims.
Police examination and witnesses
The Ministry of Road Transport and Highways (Road Safety) procedures make becoming a witness the Good Samaritan's choice. Police must allow a person who does not wish to be a witness to leave after reporting the injured person, without further questions.
When a Good Samaritan chooses to be a witness:
- Examination should, as far as possible, occur at a convenient time and place, such as the person's home or business.
- The investigating officer should wear plain clothes unless the person chooses to attend the police station.
- Any required police station visit must be justified in writing.
- Examination at the police station must be completed on a single occasion, reasonably and without undue delay.
- An interpreter must be arranged where needed.
- The complete statement or affidavit must be recorded in a single examination.
- Evidence may be given by affidavit, and a Magistrate may appoint a commission where attendance would cause unreasonable delay, expense or inconvenience.
Responsibility for implementation
The Superintendent of Police, Deputy Commissioner of Police or an equivalent senior district police official is responsible for implementing the procedures throughout the relevant jurisdiction with immediate effect.
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Common questions
Can police force me to become a witness after I help a road accident victim?
No. Becoming a witness is solely the Good Samaritan's choice, and police must allow the person to leave if they do not wish to be a witness.
Must I give my name when calling police about an injured person on the road?
No. A caller cannot be compelled to reveal a name or personal details, and the procedures state that a caller other than an eyewitness may withhold details such as a full name, address and phone number.
Can a hospital detain me or demand admission costs because I brought an injured person in?
The guidelines state that registered public and private hospitals must not detain a Good Samaritan or demand registration and admission costs, unless the person is a family member or relative of the injured person.
If I volunteer as an eyewitness, will I have to attend the police station repeatedly?
The examination should be conducted on a single occasion, preferably at a time and place convenient to you. If you attend the police station, the examination must be reasonable, time-bound and without undue delay.
