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Protection of good samaritans and accident cases under ipc

Querist : Anonymous (Querist) 28 August 2021 This query is : Resolved 
As per new Motor Vehicle ACT amendment, under protection of good samaritans, if the accused took th injured to the hospital and provided him/her first aid, even though there is negligence of the accused, he is not liable for any civil or criminal proceedings. But still the accused is being booked and chargesheet is filed under IPC 337/338. Is the new amendment doesn't work this way? why still accused is being tried and prosecuted under these sections and they are still punished with imprisonment?
K Rajasekharan (Expert) 29 August 2021
A Good Samaritan is protected from civil and criminal proceedings, so for as he is not an accused.

Samaritan is someone who voluntarily helps without any legal obligation. The accused, on the other hand, is bound to take the victim to the hospital.

But when the accused takes the victim to the hospital he will be charged with the offence.

No law or judgement protects an accused person from proceeding with criminal charges or proceedings.
P. Venu (Expert) 29 August 2021
Please see Section 134A of Motor Vehicles Act -
“134A. (1) A Good Samaritan shall not be liable for any civil or criminal action for
any injury to or death of the victim of an accident involving a motor vehicle, where
such injury or death resulted from the Good Samaritan’s negligence in acting or failing
to act while rendering emergency medical or non-medical care or assistance.
(2) The Central Government may by rules provide for the procedure for
questioning or examination of the Good Samaritan, disclosure of personal information
of the Good Samaritan and such other related matters.
Explanation.—For the purposes of this section, “Good Samaritan” means a
person, who in good faith, voluntarily and without expectation of any reward or
compensation renders emergency medical or non-medical care or assistance at the
scene of an accident to the victim or transports such victim to the hospital.".

Obviously, the accused in a motor accident does not fall under the definition of a "Good Samaritan"

Querist : Anonymous (Querist) 29 August 2021
Dear sir,

In this case, if the accused doesn't fall under category of good samaritan. Even though the accused took the injured to the hospital with good will and care.

Will he be still convicted and imprisoned?
Does taking injured to the hospital is not considered during trial and judgement?
Dr J C Vashista (Expert) 30 August 2021
Post all relevant facts in one go and not in bits and pieces which may be considered, opined and advised properly.

It is advisable to consult and engage a local prudent lawyer for better appreciation of facts and professional guidance to proceed.


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