Page 459 - The Central Motor Vehicles Rules, 1989
P. 459
RULE 169 THE CENTRAL MOTOR VEHICLES RULES, 1989 431
(2) A Good Samaritan who has informed the police of any accident involving a
motor vehicle, or who has transported a victim of an accident involving a motor vehicle
to the hospital, shall not be subjected to any further requirements by the police or the
hospital, and shall be permitted to leave immediately.
(3) No police officer or any other person, shall compel a Good Samaritan to disclose
his name, identity, address or any such other personal details:
PROVIDED that the Good Samaritan may voluntarily choose to disclose his name,
address, and name of the injured person (if known) to the police officer:
PROVIDED FURTHER that, if the Good Samaritan has voluntarily disclosed his
name or personal details, the police officer shall not compel such person to become an
eye-witness in the case, and choice of becoming an eye-witness shall solely rest with the
Good Samaritan.
(4) Notwithstanding anything contained in any other law for the time being in
force, a Good Samaritan who transports a victim of an accident involving a motor vehicle
to the hospital shall not be forced to,—
(a) disclose any personal information, such as his name, telephone number and
address, including for the purpose of the Medico-Legal Case Form;
(b) fulfil any procedure related to the admission of an injured person or victim
at the hospital; or
(c) bear any medical expenses towards the treatment of an injured person or
victim:
PROVIDED that in case the Good Samaritan has volunteered his name, and if he
so desires, the hospital shall provide an acknowledgement to such Good Samaritan, on
official letter-pad, mentioning the name of the Good Samaritan, address, time, date,
place of occurrence, and confirming that the injured person was brought by the said
person:
PROVIDED FURTHER that, a Good Samaritan who has witnessed the accident
and volunteers to become an eye-witness may, in addition to his name and address, also
indicate his willingness to become an eye-witness in order to facilitate the investigation
process.
(5) Every public and private hospital shall publish a charter in Hindi, English and
vernacular language, at the entrance or other conspicuous location, and on their website,
stating the rights of Good Samaritans under the Act and the rules made thereunder.
169. Examination of Good Samaritan
(1) Notwithstanding anything to the contrary contained in any other law for the
169
time being in force, if a person has voluntarily agreed to become a witness in the case
in which he has acted as a Good Samaritan, he shall be examined in accordance with
the provisions of this rule.
(2) The examination of a Good Samaritan shall be conducted at a time and place of
his convenience, such as his place of residence or business, and the investigating officer
shall accordingly be dressed in plain clothes:
PROVIDED that the Good Samaritan may choose to have his examination done at
the police station, and in such case, the examination shall be conducted in a time bound
manner without causing undue delay, and as far as possible, completed in a single
examination.
(3) In case the Good Samaritan speaks a language other than the language of the
investigating officer or the local language of the respective jurisdiction, the investigating
officer shall arrange for an interpreter.