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Government Notification on Eyewitness and Help in Road Accident

Government Notification on Eyewitness and Help in Road Accident

Dont Hesitate to help Road Accident Victim. Government of India has issued Directive Notification for Preventing Eye Witness and Good Bye Stander Samaritan to help


Excerpts from Notification as Issued by Central Government

Government of India has come up with Guidelines Protecting Interest of People who help Accident Victim and Eye Witness of Road Accidents on 13th May 2015. Know the Rights of People who help Accident Victim (aka Good Samaritan) along with Rights of Eye-Witness

» Identity Privacy: No Question to be asked to Person who helped Accident Victim by Police or Hospital in respect to Identity, Personal Details etc. From hereon person offering help would be called Good Samaritan. Any Eyewitness of Accident Scene is only required to provide address and thats all. Both Eye Witness and Good Samaritan can can leave in after dropping the victim at Hospital and no authority at Hospital or Police can detain them for any further details.

Any Person who is calling up for Ambulance or Police to call and report in accident or for Medical help can chose to not to disclose his Identity and no Official can compel him to disclose personal details in any way

» Disciplinary Action against Doctor, Hospital, Police : A disciplinary Action will be taken against Police, Hospital Authority in case of compelling Good Samaritan to disclose Personal Details or Identity. Also - no Admission or Registration Fees is to be asked to good Samaritan to be deposited in hospital for admission of Accident Victim. Any Lapse by Emergency Doctor in taking care of Accident Victim will lead to action against Erring Doctor under Medico Legal Ground

» Eye Witness: In case of an Eye-witness - only at one occasion can be contacted by Police in person to inquire about details of how and when the accident took Place. Later on only through Video Conferencing can help be taken by Police Authorities without calling the Eye witness in Person

» Information Charter : An Information Charter should be available in English, Hindi and Vernacular Language  at the Entrance of Hospital. In case of non compliance, appropriate action will be taken by Central Government.



Road Accident Notification Guidelines - DETAILED

Below are the Guidelines, word to word issued by Central Government to all Hospitals, Police and all other authorities for the protection of Good Samaritans, namely :-

1. (1) 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.

(2) The bystander or good Samaritan shall be suitably rewarded or compensated as decided by the state governments to encourage other citizens to come forward to help the road accident victims by the authorities in the manner as specified by State Governments.

(3) The bystander or good Samaritan shall not be liable for any civil and criminal liability.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) The Methods of examination may either be by way of commission under section 284, of the code of Criminal Procedure 1973 or formally an affidavit as per Section 296, of the said Code and Standard Operating Procedures shall be developed within a period of 30 days from the date when this notification is issued

(9) Video conferencing may be used extensively during examination of bystander or good Samaritan including the persons referred to in guideline (1) above, who is an eye witness in order to prevent harassment and inconvenience to good Samaritans.

(10) 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.

(11) 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 and disciplinary action shalll be taken against such doctor under Chapter 8 of the said Regulations.

(12) All hospitals shall publish a charter in Hindi, English and the vernacular language of the State at their entrance stating that they shall not detain bystander or good Samaritan or ask depositing money from them for the treatment of a victim.

(13) 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 incentivizing the bystander or good Samaritan as deemed fit by the State Government.

(14) 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.

2. The above Guidelines in relation to protection of Bystander or Good Samaritan are without prejudice to the liability of the driver of a motor vehicle in the road accident, as specified u/s 134 of the Motor Vehicle Act, 1988 (59 of 1988)

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