Good samaritan guidelines on road accidents binding for all states: SC

Guidelines bar criminal or civil liability against those who help accident victims

The Supreme Court today made implementation of good samaritans guidelines binding on all states and union territories. Recommended guidelines say there should be no criminal or civil liability against those who help accident victims.

It provides there should be no compulsion to disclose identity and such samaritans should not be harassed either by police or in court.

Earlier, in the absence of any statutory backing, it was difficult to enforce these guidelines. Therefore, the government approached the Supreme Court to consider issuing these guidelines, through an order binding on all states and union territories, until the Centre enacts a law to this effect.

In its October 29, 2014 order, the apex court in case of Save Life Foundation and others versus Union of India and others, directed issuance of necessary directions with regard to the protection of good samaritans until appropriate legislation is enacted by Parliamnet.

Accordingly, the government published the guidelines in a gazette dated May 12,  2015 for protection of the good samaritans, ie a person who is a bystander or a passer-by and who chooses to assist an injured person or a person in distress on the road. According to these guidelines, except for an eyewitness, a good samaritan who helps an accident victim need not reveal his/her identity or contact details. 

Further, the government published Standard Operating Procedures  for the examination of eyewitnesses to an accident, by the Police or during trial, on January 21, 2016.