Can accused be protected under good samaritan law ?
Querist :
Anonymous
(Querist) 26 December 2022
This query is : Resolved
If accused in IPC 338 took the injured to nearest hospital and provided first aid and paid for first aid till the family of the injured comes to the hospital, can the accused be protected under good samaritan law MV ACT 134A and avoid conviction and jail term?
As MV ACT 134A clearly mentions that "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"?
I quote the law below from internet.
1[134A. Protection of Good Samaritans. --(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 nonmedical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.]
Please help with understanding as someone's life and career is depended on it and case is registered and facing immense mental pressure and will not repeat such acts in future and ready to help the injured.
K Rajasekharan
(Expert) 26 December 2022
The accused in this case has taken the injured to the hospital not as a Good Samaritan but as a driver who caused injury to the person.
He has done it as he is duty bound to take him to the hospital under Section 134 (a) of the Motor Vehicle Act, 1988.
The protection available to the Good Samaritan under Section 134 A of the act will not be applicable to the driver taking the injured to the hospital as in this case.
T. Kalaiselvan, Advocate
(Expert) 29 December 2022
In your post you have added the following to conclude the reading of the law:
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'
From the above it can be interpreted that a good Samaritan had done his duty to get the accident victim treated hence as an individual he cannot be held liable for any legal action for this act.
However if he had cause this accident then he would be liable for the legal action s per law for causing this accident.
P. Venu
(Expert) 19 January 2023
Generally, the accused in IPC 338 has the option to plead guilty on payment of fine.
