Motor Vehicles

Good samaritans protected by SC, government guidelines – in theory

Savelife Foundation and Ors. v. Union of India and Ors.

MANU/SC/0354/2016

30.03.2016

The Supreme Court allowed a petition seeking affirmation of the recently released central government guidelines for the protection of good samaritans. The significance? The guidelines will be considered good law till the notification released by the Ministry of Road Transport and Highways is formally translated into legislation. Additionally, the Apex court directed other courts to “not normally insist on appearance of Good Samaritans”, unless the court opines - in writing - why the presence of such a person in court was necessary.

The Ministry of Road Transport and Highways notified protections for good samaritans and formulated standard operating procedures for their examination on 12 May 2015. The measures are hoped to not only reduce the trepidation faced by bystanders about the risks associated with assisting road accident victims, but also deter subsequent persecution and intimidation by law and order agencies.

Relevant

Vineet Narain and Ors. v. Union of India and Anr. MANU/SC/0827/1998
Pt. Parmanand Katara v. Union of India and Ors. MANU/SC/0423/1989

Tags : good samaritan examination protection

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