MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
NOTIFICATION
New Delhi, the 12th May, 2015
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 Petition (Civil) No. 235 of 2012 vide its order dated
29th October, 2014, interalia, directed the Central Government to issue necessary directions with regard to
the protection of Good Samaritans until appropriate legislation is made by the Union Legislature;
And whereas, the Central Government considers it necessary to protect the Good Samaritans from
harassment on the actions being taken by them to save the life of the road accident victims and, therefore,
the Central Government hereby issues the following guidelines to be followed by hospitals, police and all
other authorities for the protection of Good Samaritans, namely:-
1. (1) A bystander or good Samaritan including an eyewitness of a road accident may take an injured
person to the nearest hospital, and the bystander or good Samaritan should be allowed to leave immediately
except after furnishing address by the eyewitness only and no question shall be asked to such bystander or
good Samaritan.
(2) The bystander or good Samaritan shall be suitably rewarded or compensated to encourage other citizens
to come forward to help the road accident victims by the authorities in the manner as may be specified by
the State Governments.
(3) The bystander or good Samaritan shall not be liable for any civil and criminal liability.
(4) A bystander or good Samaritan, who makes a phone call 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.
(5) The disclosure of personal information, such as name and contact details of the good Samaritan shall be
made voluntary and optional including in the Medico Legal Case (MLC) Form provided by hospitals.
(6) The disciplinary or departmental action shall be initiated by the Government concerned against public
officials who coerce or intimidate a bystander or good Samaritan for revealing his name or personal details.
(7) In case a bystander or good Samaritan, who has voluntarily stated that he is also an eye-witness to the
accident and is required to be examined for the purposes of investigation by the police or during the trial,
such bystander or good Samaritan shall be examined on a single occasion and the State Government shall
develop standard operating procedures to ensure that bystander or good Samaritan is not harassed or
intimidated.
(8) The methods of examination may either be by way of a commission under section 284, of the Code of
Criminal Procedure 1973 or formally on affidavit as per section 296, of the said Code and Standard
Operating Procedures shall be developed within a period of thirty days from the date when this notification
is issued.
(9) Video conferencing may be used extensively during examination of bystander or good Samaritan
including the persons referred to in guideline (1) above,who are eye witnesses in order to prevent harassment
and inconvenience to good Samaritans.
(10) The Ministry of Health and Family Welfare shall issue guidelines stating that all registered public and
private hospitals are not to detain bystander or good Samaritan or demand payment for registration and
admission costs, unless the good Samaritan is a family member or relative of the injured and the injured is to
be treated immediately in pursuance of the order of the Hon’ble Supreme Court in Pt. Parmanand Katara vs
Union of India & Ors [1989] 4 SCC 286.
(11) Lack of response by a doctor in an emergency situation pertaining to road accidents, where he is
expected to provide care, shall constitute “Professional Misconduct”, under Chapter 7 of the Indian Medical
Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002 and disciplinary action shall be taken
against such doctor under Chapter 8 of the said Regulations.
(12) All hospitals shall publish a charter in Hindi, English and the vernacular language of the State or Union
4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1]
territory at their entrance to the effect that they shall not detain bystander or good Samaritan or ask
depositing money from them for the treatment of a victim.
(13) In case a bystander or good Samaritan so desires, the hospital shall provide an acknowledgement to such
good Samaritan, confirming that an injured person was brought to the hospital and the time and place of such
occurrence and the acknowledgement may be prepared in a standard format by the State Government and
disseminated to all hospitals in the State for incentivising the bystander or good Samaritan as deemed fit by
the State Government.
(14) All public and private hospitals shall implement these guidelines immediately and in case of
noncompliance or violation of these guidelines appropriate action shall be taken by the concerned authorities.
(15) A letter containing these guidelines shall be issued by the Central Government and the State Government
to all Hospitals and Institutes under their respective jurisdiction, enclosing a Gazette copy of this notification
and ensure compliance and the Ministry of Health and Family Welfare and Ministry of Road Transport and
Highways shall publish advertisements in all national and one regional newspaper including electronic media
informing the general public of these guidelines.
2. The above guidelines in relation to protection of bystander or good Samaritan are without prejudice to the
liability of the driver of a motor vehicle in the road accident, as specified undersection 134 of the Motor
Vehicles Act, 1988 (59 of 1988).
SANJAY BANDOPADHYAYA, Jt. Secy
