ABSTRACT
The issue of bystander intervention in road accidents has long been hindered by fear of legal harassment, financial liability, and procedural burdens imposed by authorities. This article examines the legal principle that police and hospitals cannot compel individuals who assist accident victims to disclose their identities, bear treatment costs, or act as witnesses against their will. It focuses on the development and significance of the “Good Samaritan” framework in India, which seeks to encourage public assistance to victims of road accidents without exposing helpers to unnecessary legal complications.
India is an unfortunate victim of a large number of road crash fatalities. Three out of four people in the country are hesitant to help injured accident victims on roads due to fear of police harassment, detention at hospitals, and prolonged legal formalities. Even if someone wants to help, these factors stop them from doing so.
This article explores the legal framework underpinning these protections, including constitutional principles such as the right to life under Article 21, which extends to the obligation of the state to preserve human life. It further examines statutory provisions and government notifications that prohibit hospitals from denying emergency treatment and from compelling Good Samaritans to pay for medical expenses. Additionally, it highlights procedural safeguards ensuring that helpers are not forced to reveal personal details or participate as witnesses unless they voluntarily choose to do so.
INTRODUCTION
Road accidents remain one of the leading causes of death and injury in India, often aggravated by delays in providing timely medical assistance to victims. In many cases, bystanders who are willing to help hesitate due to fear of legal complications, police harassment, and financial burdens imposed by hospitals. This reluctance significantly reduces the chances of survival for accident victims during the critical “golden hour,” when immediate medical attention can make the difference between life and death.
A Road accidents continue to be a leading cause of death, disabilities and hospitalization in the country despite our commitment and efforts. India ranks first in the number of road accident deaths across the 199 countries and accounts for almost 11% of the accident-related deaths in the World. The WHO Report on Road Traffic Injuries for 2018 has listed Road accidents as the leading cause of death for the age group 5-29 years and a growing public health concern.
The country like India, being a developing country does not have a reasonable rescue mechanism in place when an accident takes place. In such cases bystanders play a major role in saving lives by taking appropriate measures. However, people hesitate to help people as they fear of getting involved in the case. It is the duty of the state to take measures to protect its citizen who willingly rescue those in need. This paper outlines the model Good Samaritan law and the measures taken by different states in India with regard to law and schemes to protectits bystander in case of any act done to save the life of a person in danger.
To address this issue, the concept of the “Good Samaritan” has gained legal recognition in India. A Good Samaritan refers to any individual who, in good faith, voluntarily assists an injured person in an emergency situation. The legal framework, supported by judicial pronouncements such as SaveLIFE Foundation v. Union of India (2016), ensures that such individuals are protected from unnecessary legal and procedural obligations. Police and hospitals are prohibited from compelling helpers to disclose their identity, bear treatment expenses, or serve as witnesses against their will.
In India 15 people die every hour and almost 60 are injured. The number of deaths due road accidents in the past decade is close to one million. 80% of road accident victims in India do not receive any emergency medical care within the critical first hour after an accident. According to the Law Commission of India, 50% of fatalities could be averted if victims receive timely medical attention.
The World Health Organization (WHO), in its “World Report on Road Traffic Injury Prevention, 2004” has projected that by 2020, road accidents will be one of the biggest killers in India. It also pointed out that high-income countries have well-organized ambulance-based rescue systems but middle and low-income countries, assistance by bystanders is most common.
The Ministry of Road Transport and Highways of the Government of India laid down certain Guidelines and Standard Operating Procedure and the Supreme Court recently approved these guidelines and made them enforceable in all States and Union Territories till an effective legislation is in place. The third Global Ministerial Conference on Road Safety was held in Stockholm, Sweden on 19 and 20 February, 2020. At this conference, all the participants including India, reaffirmed their strong commitment for achieving the goals of reducing road accident-related deaths by at least 50% by 2030.
THEORATICAL FRAMEWORK
The concept underlying the protection of individuals who assist accident victims is rooted in a combination of legal, moral, and constitutional principles. At its core, the “Good Samaritan” doctrine reflects the intersection of humanitarian ethics and legal safeguards, aiming to remove barriers that discourage bystander intervention during emergencies. The theoretical framework of this subject can be understood through three primary dimensions: natural law theory, constitutional rights, and the welfare state model.
Furthermore, the framework incorporates the principle of voluntariness. It recognizes that compelling individuals to act as witnesses or disclose personal information violates their autonomy and privacy. Therefore, the law ensures that any involvement beyond initial assistance remains optional, preserving the individual’s freedom of choice while still promoting humanitarian action.
This is a bill that applies to the entire country, i.e. India. This bill created rights and provisions of a Good Samaritan and also talked about the fund, which is designed for this purpose. The bill provides for the qualification of the chairman of the authority, and the authority is required to take representation from each state and union territory of India. It lays down the functions of the authority and also puts down the constitution of a Good Samaritan. The bill states that all the hospitals, whether private or government-owned, shall provide free medical aid to the victims of car accidents without asking the Good Samaritan to pay for the treatment. The main object of this bill is to protect the Good Samaritans from legal and other hassles, and protect them from harassment by the police officials; encourage, motivate the bystanders to provide medical aid or additional assistance (take to the hospital, etc.) to the victim of road accidents within the golden hour; and remove the fear of legal intervention, payment of fees, police harassment, detention, repeated questioning, investigation, court appearances, etc. from the Good Samaritans and the bystanders.
The constitutional dimension, particularly in the Indian context, is closely linked to Article 21 of the Constitution, which guarantees the right to life and personal liberty. The judiciary has interpreted this right expansively to include the right to timely medical treatment and emergency care. The state, therefore, bears a positive obligation to ensure that no individual is denied life-saving assistance. Protecting Good Samaritans becomes a necessary extension of this obligation, as it facilitates immediate aid to victims. By preventing police and hospitals from imposing liabilities on helpers, the law reinforces the constitutional mandate to preserve life and dignity.
Additionally, the framework is influenced by the principles of a welfare state, where the government assumes responsibility for the well-being of its citizens. In such a model, public institutions like hospitals and law enforcement agencies are expected to act in a manner that prioritizes social welfare over procedural rigidity. The prohibition against compelling Good Samaritans to disclose identities or pay for treatment reflects the state’s commitment to reducing systemic barriers and promoting collective responsibility. It also shifts the burden of emergency care from private individuals to public institutions.
Main features of the Good Samaritan Bill: The Good Samaritans will not be required to:
have repeated appearances in Courts,
have repeated attendance at the police station,
pay the conveyance expenses in case they are mandated to go to the police station or court; the costs should be paid out of the ‘Good Samaritan Fund.’
As per the new legislation, either it is a government or a private hospital, and are bound to provide first aid to the victims of an accident.
The Good samaritan can leave the hospital immediately after admitting the victim to the hospital.
Individuals who help the accident victims shall be educated about their rights and provisions created for them via a rights charter in hospitals.
The Good samaritan shall be paid from the ‘Good Samaritan Fund’ in case of any expenses incurred by him.
The Bill further provides that all hospitals and clinics to provide emergency medical treatment without demanding payment for such treatment. Any hospital or a clinic cannot deny emergency treatment even if the family is unable to make the payment. In case the hospital is not equipped to handle the victim, it is their duty to direct the victim to the nearest hospital or clinic where the facility for treatment is available. In case the victim suffers any physical or mental damage, or death is caused due to denial of emergency medical service by the hospital or clinic, a penalty of minimum Rs. 10 lakhs can be imposed along with the cancellation of the license.
The Ministry of Road Transport and Highways of the Government of India (GOI) laid down specific guidelines and standard operating procedures, and the Supreme Court recently approved these guidelines and made them enforceable in all States and Union Territories till effective legislation is in place.
STATUTORY PROVISIONS
The legal protection afforded to individuals who assist accident victims in India is primarily governed by a combination of statutory provisions, judicial guidelines, and executive notifications. These provisions collectively establish that police and hospitals cannot compel Good Samaritans to disclose their identities, bear treatment expenses, or act as witnesses against their will.
A significant statutory recognition of Good Samaritan protection is found in the Motor Vehicles Act, 1988, as amended by the Motor Vehicles (Amendment) Act, 2019. Section 134A explicitly provides for the protection of Good Samaritans, stating that no person who renders emergency medical or non-medical assistance to a victim shall be liable for any civil or criminal action, provided such assistance is given in good faith. This provision aims to remove the fear of legal repercussions and encourages prompt assistance to accident victims.
The Motor Vehicles (Amendment) Act, 2019; By the Insertion of new section 134A, protection is given to the Good Samaritans from civil and criminal liability. Sec 134A reads as,
134A. Protection of Good Samaritans. --(1) 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, where such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance.
(2) The Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters.
Explanation: For the purposes of this section, "Good Samaritan" means a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or nonmedical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.
Ministry of Road Transport and Highways:
168. Rights of Good Samaritan. - (1) Any person who is a Good Samaritan, as per section 134A of the Act, shall have the rights detailed under this chapter, and shall be treated respectfully without any discrimination on the grounds of religion, nationality, caste or sex.
(2) A Good Samaritan who has informed the police of any accident involving a motor vehicle,or who has transported a victim of an accident involving a motor vehicle to the hospital, shall not be subjected to any further requirements by the police or the hospital, and shall be permittedto leave immediately.
(3) No police officer or any other person, shall compel a Good Samaritan to disclose his name, identity, address or any such other personal details:
Provided that the Good Samaritan may voluntarily choose to disclose his name, address, and name of the injured person (if known) to the police officer:
Provided further that, if the Good Samaritan has voluntarily disclosed his name or personal details, the police officer shall not compel such person to become an eye-witness in the case,and choice of becoming an eye-witness shall solely rest with the Good Samaritan.
(4) Notwithstanding anything contained in any other law for the time being in force, a Good Samaritan who transports a victim of an accident involving a motor vehicle to the hospital shall not be forced to,
(a) disclose any personal information, such as his name, telephone number and address, including for the purpose of the Medico-Legal Case Form;
(b) fulfil any procedure related to the admission of an injured person or victim at the hospital; or
(c) bear any medical expenses towards the treatment of an injured person or victim:
Provided that in case the Good Samaritan has volunteered his name, and if he so desires, the hospital shall provide an acknowledgement to such Good Samaritan, on official letter-pad, mentioning the name of the Good Samaritan, address, time, date, place of occurrence, and confirming that the injured person was brought by the said person.
Provided further that, a Good Samaritan who has witnessed the accident and volunteers to become an eye-witness may, in addition to his name and address, also indicate his willingness to become an eye-witness in order to facilitate the investigation process.
(5) 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.
169. Examination of Good Samaritan. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, if a person has voluntarily agreed to become a witness in the case in which he has acted as a Good Samaritan, he shall be examined in accordance with the provisions of this rule.
(2) The examination of a Good Samaritan shall be conducted at a time and place of his convenience, such as his place of residence or business, and the investigating officer shall accordingly, be dressed in plain clothes:
Provided that the Good Samaritan may choose to have his examination done at the police station, and in such case, the examination shall be conducted in a time bound manner without causing undue delay, and as far as possible, completed in a single examination.
(3) In case the Good Samaritan speaks a language other than the language of the investigating officer or the local language of the respective jurisdiction, the investigating officer shall arrange for an interpreter.
(4) In case the Good Samaritan has volunteered to become an eye-witness, he shall be permitted to give his evidence on affidavit in accordance with the provisions of section 296 of the Code of Criminal Procedure, 1973 (2 of 1974): Provided that the affidavit of the Good Samaritan, if filed, shall be treated as complete statement, and in case a statement is to be recorded, the complete statement shall be recorded in a single examination.
(5) In case the attendance of a Good Samaritan cannot be procured without delay, expense or inconvenience, which under the circumstances of the case would be unreasonable, or the examination is unable to take place at a time and place of his convenience, the Court or the Magistrate may dispense with such attendance and may issue a commission for the examination of the Good Samaritan in accordance with the provisions of section 284 of the Code of Criminal Procedure, 1973 to conduct the examination, on an application made thereunder. (6) Video conferencing shall be used extensively during examination of Good Samaritans who choose to be eye-witnesses, in order to prevent harassment and inconvenience to such Good Samaritans.”
As per the reports, nearly 50 per cent of road fatalities would not have happened had medical attention been given within the first hour. Become a GOOD SAMARITAN and help us reduce this number. Road crashes claimed more than 200,000 lives in India alone and contributed to the economic loss of approximately 3% GDP. 17 people die every hour on Indian roads. It is the need of the hour to take the pledge to save someone's life and take it upon as our moral duty being a good citizen.
CRITICAL ANALYSIS
Law Benefits:
• 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.
• 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.
• The bystander or good Samaritan shall not be liable for any civil and criminal liability. 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.
• 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.
• 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.
• 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.
• Video conferencing may be used extensively during the examination of a bystander or good Samaritan who are eyewitnesses in order to prevent harassment and inconvenience to good Samaritans.
• 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. 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”
• All hospitals shall publish 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.
• 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.
• 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.
Social Benefits:
• They protect emergency personnel for example, a physician pulls over at the scene of an accident and, through a sense of civic responsibility, delivers health care. Can that physician then be sued if the injured persons do not survive? Or For example, a physician may administer a drug to a person in an emergency without knowing that that person is allergic to the drug in question. Typically, that physician would be protected from legal liability since his or her administering of the drug was done in order to help the individual.
• Good Samaritan who informs police or emergency service regarding an injured person not to be compelled to reveal his personal details.
• Disciplinary action against public officials who coerce Good Samaritan to reveal his personal details.
Personal Benefits:
• A Good Samaritan will not be liable for any civil or criminal action for any injury or death of the victim
• A Good Samaritan cannot be compelled to file an FIR or pay any charges for the treatment of the victim and cannot be compelled to stay at the Police Station or Hospital nor give any information regarding the identity of the victim, his own identity, or any other evidence regarding the accident.
• In case if a good Samaritan wants to help in the investigation process, the benefit is that he will not be called repeatedly and his statement will be recorded in a single hearing.
• The Bill further provides that all hospitals and clinics provide emergency medical treatment without demanding payment for such treatment. Any hospital or a clinic cannot deny emergency treatment even if the family is unable to make the payment.
• In case the victim suffers any physical or mental damage, or death is caused due to denial of emergency medical service by the hospital or clinic, a hefty penalty can be imposed along with the cancellation of the license.
CHALLENGES
Despite the existence of a comprehensive legal framework protecting Good Samaritans in India, several practical challenges continue to hinder its effective implementation. These challenges create a gap between the law on paper and its operation in reality, ultimately discouraging bystanders from assisting accident victims.
One of the primary challenges is the lack of awareness among the general public. Many individuals are still unaware of their legal rights and protections as Good Samaritans. The fear of being entangled in police investigations, court proceedings, or hospital formalities persists, leading to hesitation in offering timely assistance. Without adequate dissemination of information through public campaigns, the objective of encouraging bystander intervention remains only partially achieved.
Another significant issue is the inadequate training and sensitization of police personnel and hospital staff. In many instances, authorities themselves are either unaware of the Good Samaritan guidelines or fail to adhere to them in practice. There have been reports of police questioning helpers unnecessarily or hospitals insisting on procedural formalities before providing treatment. Such practices directly contradict the legal provisions and reinforce public apprehension. The absence of strict accountability mechanisms further exacerbates this problem.
Institutional constraints within hospitals also pose a challenge. While the law mandates that emergency treatment must be provided without demanding advance payment, private hospitals often hesitate due to concerns over financial recovery and medico-legal complications. This reluctance can delay treatment and place additional pressure on Good Samaritans, who may feel compelled to intervene financially despite legal protections. The lack of a robust reimbursement system for hospitals treating accident victims adds to this issue.
Societal attitudes and cultural factors also play a role. In many cases, people prefer to avoid involvement in legal matters altogether, viewing it as time-consuming and stressful. This mindset, combined with mistrust in public institutions, reduces the willingness of individuals to step forward in emergency situations. Changing such deep-rooted perceptions requires sustained efforts beyond legal reforms.
Another challenge is the lack of uniform implementation across different states. While the central guidelines provide a framework, their enforcement depends largely on state authorities. Variations in administrative efficiency, resource allocation, and monitoring mechanisms result in inconsistent application of the law. This inconsistency creates uncertainty and undermines public confidence.
Finally, there is limited data and monitoring regarding the effectiveness of Good Samaritan protections. Without proper evaluation and feedback mechanisms, it becomes difficult to assess whether these laws are achieving their intended purpose or to identify areas requiring improvement.
CONCLUSION
Good Samaritan laws point society in a proper direction and act as a “moral compass”. In other words, human life must be valued at all times over all things and one must help those whose life is in danger. Most of the people who are willing to help out in such a situation have various fears that have been mentioned above. In such circumstances it is the duty of the State to ensure that adequate protection and rights are given to the persons willing to help those in need.
The emphasises should be on the importance of spreading awareness about the rights of the Good Samaritan. Even though Clause 5 (1) of the Bill states that a person will not be liable with respect to anything done to save life or property of the victim, this clause is very general fails to emphasise on the basic right of immunity. Just like it is clearly provided that hospitals and clinics are immune from liability in case any complication arises during the treatment (except in the case of negligence), in the same way the Law must specify that the Good Samaritan will be immune from any liability in case something happens to the victim after or during the emergency response of the Good Samaritan which would include calling the Police or ambulance or taking the victim to the hospital.
This is extremely necessary because apart from the fear of payment for treatment or being harassed by the Police, people also have the fear of causing more harm. Since the accidents and incidents of crime are at a rise in India, there is an urgent need to enactthe legislation that would deal with the protection of the Good Samaritans. The Guidelines issued by the Ministry of Road Transport and Highways (MoRTH) along with the Standard Operating Procedures are only applicable to accidents on roads and highways.
The existing guidelines and provides various rights to the person who comes forward to help victims of accidents or incidents of crime.The Good Samaritan Law allows a person, without expectation of payment or reward and without any duty of care or special relationship, voluntarily come forward to administer immediate assistance or emergency care to a person injured in an accident, or crash, or emergency medical condition. Good Samaritan Law protects Good Samaritans from harassment on the actions being taken by them to save the life of the road accident victims.
BIBLIOGRAPHY
The Good Samaritan Bill, 2019 By Shri Hibi Eden, M.P., Lok Sabha, Bill No,. 172 of 2019
the Good Samaritan and Medical Professional (Protection and Regulations during Emergency Situations) Bill, 2016
KK Aggarwal & Ira Gupta, “Good Samaritan Law in India “, Indian Journal of Clinical Practice, Vol. 30, No. 3, August 2019
V, Mahesh (2019-08-09). "Golden hour, CPR and more: Life-saving lessons we should all know.
Ministry of road transport and highways, Notification No. RT-25035/101/2014-RS Dated 21 Jan 2016
Road Accidents in india 2019, Report by Minister of State for Road Transport & Highways Government of India, New Delhi
Save Life Foundation & Anrs Vs Union of India
Mission to Free State of Accidents". The New Indian Express
http://www.legalserviceindia.com/legal/article-339-model-good-samaritan-law.html
The Motor Vehicle Act, Section 134A, 168A, 169 Protection of Good Samaritans.
Disclaimer
This article is published by CLEAR LAW (clearlaw.online) strictly for educational and informational purposes only. It does not constitute legal advice, legal opinion, or any form of professional counsel, and must not be relied upon as a substitute for consultation with a qualified legal practitioner. Nothing contained herein shall be construed as creating a lawyer-client relationship between the reader and the author, publisher, or CLEAR LAW (clearlaw.online).
All views, interpretations, and conclusions expressed in this article are solely those of the author and represent independent academic analysis. CLEAR LAW (clearlaw.online) does not endorse, verify, or guarantee the accuracy, completeness, or reliability of the content, and expressly disclaims any responsibility for the same.
While reasonable efforts are made to ensure that the information presented is accurate and up to date, no warranties or representations, express or implied, are made regarding its correctness, adequacy, or applicability to any specific factual or legal situation. Laws, regulations, and judicial interpretations are subject to change, and the content may not reflect the most current legal developments.
To the fullest extent permitted by applicable law, CLEAR LAW (clearlaw.online), the author, editors, and publisher disclaim all liability for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of, or reliance upon, this article.
Readers are strongly advised to seek independent legal advice from a qualified professional before making any decisions or taking any action based on the contents of this article. Reliance on any information provided in this article is strictly at the reader's own risk.
By accessing and using this article, the reader expressly agrees to the terms of this disclaimer.