SHILLONG: In compliance with the order of the Supreme Court, the Centre has issued guidelines to be followed by hospitals, police and all other authorities to protect the Good Samaritans from harassment on the actions taken by them to save a life of the victims of road accidents.
As per the guidelines issued by the Centre, a bystander or Good Samaritan including an eyewitness of a road accident may take an injured person to the nearest hospital, and he or she should be allowed to leave immediately except after furnishing address by the eyewitness only and no question shall be asked to such bystander.
The 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 or criminal liability.
A 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 the 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 eyewitness to the accident and is required to be examined for the purposes of investigation by the police or during trial, such bystander shall be examined on a single occasion and the State Government shall develop standard operating procedures to ensure that bystander is not harassed.
Video conferencing may be used extensively during examination of Good Samaritan including the persons who are eye witnesses.
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.
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.
All hospitals shall publish a charter in Hindi, English and the vernacular language of the State or Union 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.
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.
For the examination of Good Samaritans by the Police or during trial, the Central Government had issued the Standard Operating Procedure to be followed by the Police and according to the guidelines, the Good Samaritan shall be treated respectfully and without any discrimination. Any person who makes a phone call to the Police control room or Police Station to give information about any accidental injury or death, except an eyewitness may not reveal personal details such as full name, address etc. Any Police official shall not compel the Good Samaritan to disclose his/her identity.
Any Police official or any other person shall not force any Good Samaritan who helps an injured person to become a witness in the matter. In case a Good Samaritan so chooses to be witness, he shall be examined with utmost care and respect and without any discrimination. His examination by the investigating officer shall, as far as possible, be conducted at a time and place of his convenience and the investigating officer shall be dressed in plain clothes, unless the Good Samaritan chooses to visit the police station. Where the examination of Good Samaritan is not possible to be conducted at a time and place of his convenience and the Good Samaritan is required by the Investigating Officer to visit the police station, the reasons for the same shall be recorded by such officer in writing and in case a Good Samaritan so chooses to visit the Police Station, he shall be examined in a single examination in a reasonable and time-bound manner.
Where the Good Samaritan declares himself to be an eyewitness, he shall be allowed to give his evidence on affidavit, in accordance with section 296 of the Code of Criminal Procedure, 1973 (2 of 1974) which refers to Evidence in Formal Character on Affidavit. The complete statement or affidavit of such Good Samaritan shall be recorded by the Police official while conducting the investigation in single examination.
A Good Samaritan who takes an accident victim to hospital should be allowed to leave immediately.
The Good Samaritan shall not be liable for any civil or criminal liability.
A Good Samaritan, who informs about an accident victim, shall not be compelled to reveal his name and personal details.
In case a Good Samaritan, who has voluntarily stated that he is also an eyewitness to the accident and is required to be examined for investigation, shall be examined only on a single occasion.
Video conferencing may be used extensively during examination of Good Samaritan.
All registered hospitals are not to demand payment for registration and admission costs from the Good Samaritan.
Lack of response by a doctor in an emergency situation pertaining to road accidents shall invite official action.
Any Police official shall not force any Good Samaritan who helps an injured person to become a witness in the matter.