A good Samaritan, who rushes an accident victim to a hospital, will not be forced to reveal identity and the government has warned of strongaction against police personnel and other officials who coerce such a person to disclose personal details.
A circular, re-notified to all states by the Home Ministry, made it clear that a good Samaritanshall not be liable for any civil and criminal liability.
A bystander or 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 or her nameand personal details on the phone or in person, according tothe standard operating procedures (SOPs) mentioned in thecircular.
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"Disclosure of personal information, such as name and contact details of the good Samaritan shall be made voluntary and optional, including Medico Legal Case form provided by hospitals. Disciplinary or departmental action shall be initiated by the government concerned against public officialswho coerce or intimate a bystander or good Samaritan forrevealing his name or personal details," it said.
A person who gratuitously gives help to people in distress is called a good Samaritan.
Annually 1.4 lakh people die in road crashes in India and government reports suggest that at least 50 per of the fatalities can be averted if the victims are admitted to a hospital within the first one hour of a crash, called the 'golden hour'.
However, many people do not come to help those in distress with the fear of getting involved in police or medicolegal cases. The notification was originally issued by theMinistry of Road Transport and Highways.
As per the SoPs, good Samaritans should not be harassed or intimidated and such person must not be asked to reveal personal details, including full name, address and phone number unless he or she volunteers to become an eyewitness.
"In case a good Samaritan choses to be a witness, his
examination by the investigating officer shall, as far as possible, be conducted at a time and place of his convenience such as his place of residence or business, and the investigation officer shall be dressed in plain clothes, unless the good Samaritan chooses to visit the police station," says the re-notified SoP.
It also specifies that in case a good Samaritan chooses tovisit the police station, he or she shall be examined in asingle sitting in a "reasonable and time-bound manner".
Even it will be the responsibility of the investigating officer (IO) to arrange for an interpreter to interact with the good Samaritan, if they speak a language that the IO can't understand, it said.
