An overview of the Motor Vehicle Act, 1988

The idea that every injury has a remedy is the cornerstone of the tort legislation known as the
Motor Vehicle Act. The notion of restitution and damage awards now enters the picture. The
Motor Vehicle Act of 1988 is viewed as a welfare law that aims to provide assistance to people
who have suffered injury. The Motor Vehicle Act of 1939, which consolidated all motor
vehicle laws, did exist, but it needed to be modified on a regular basis. The Act needed to be
updated to include all new techniques applicable to motor vehicles as a result of improvements
in road transport technology, the expansion of the road network, and changes in passenger
transportation patterns.

This Motor Vehicle Act is primarily concerned with providing assistance to innocent
bystanders who frequently become involved in collisions but are left without a claim to the
compensation they should typically receive. Under this Act, a driving license is required for
every vehicle driver. This necessitates the registration of a vehicle under the Act, which is valid
for 15 years and can be renewed for an additional 5 years. The Motor Vehicle Act of 1988
covers more than just registration and licensing for vehicles used for road transportation.

Objectives of the Motor Vehicle Act, 1988

The Indian Motor Vehicle Act of 1988 was established to solve the following issues:

 Sticking to strict procedures for granting licences and calculating the validity period
of such licences.
 To maintain road safety requirements, dangerous and explosive material
transportation rules, and pollution control measures.
 To maintain the country’s rapidly growing quantity of personal and commercial
cars.
 To raise the amount of compensation available to hit-and-run cases.
 To eliminate the time limit for traffic accident victims to file a compensation claim.

Offences covered under the Motor Vehicle Act

The following are the offences covered under the original Motor Vehicle Act that includes:

 Driving without a licence,

 Allowing someone without a licence to operate a vehicle owned by the vehicle
owner,
 Failing to possess all of the relevant documentation required to operate a motor
vehicle on Indian roads,
  Driving without a permit if required,
 Driving without a vehicle fitness report, driving without a registration certificate or
R.C,
 Operation of a vehicle by a minor,
 Allowing an unauthorised individual to operate a vehicle,
 Riding certain motor vehicles without a helmet,
 Driving without fastening the driver’s seat belt,
 Exceeding the speed limit and rash driving,
 Risky driving,
 Driving against the flow of traffic in a one-way lane, and other violations are
considered offences under the Act.

Good Samaritan

Who is Good Samaritan?

A Good Samaritan is a person who, in good faith, without expectation of payment or reward
and without any duty of care or special relationship, voluntarily comes forward to administer
immediate assistance or emergency care to a person injured in an accident, or crash, or
emergency medical condition, or emergency situation.
What is Good Samaritan Law?
The Good Samaritan Law allows a person, without expectation of payment or reward and
without any duty of care or special relationship, voluntarily come forward to administer
immediate assistance or emergency care to a person injured in an accident, or crash, or
emergency medical condition. Good Samaritan Law protects Good Samaritans from
harassment on the actions being taken by them to save the life of the road accident victims.
Need for Good Samaritan Law?
WHO rightly pointed out that by 2020 road accidents would be one of the biggest killers in
India and this proved to be true because there was lack of medical assistance to the victims.
Another finding from WHO records that 50 percent of the victims die in the first 15 minutes as
a result of the cardiovascular (related to heart) or nervous injuries (damage to brain parts) while
the other 50 percent can be given life by providing immediate help by the passers-by during
the Golden Hour, that is, the first hour of the injury.
section 2(12A) of Motor Vehicle Act “golden hour” means the time period lasting one hour
following a traumatic injury during which there is highest likelihood of preventing death by
providing prompt medical care;
How did India get a Good Samaritan Law?
In 2012, a Public Interest Litigation (PIL) was filed in the Supreme Court of India, requesting
the Hon'ble court to safeguard Good Samaritans who come forward to help the injured.
Savelife foundation & anr v. Union of india & anr Supreme court-Writ Petition (C) No. 235 of
2012
The Apex Court- in this case has issued Guidelines to save good Smartians , who have helped
the injured person in case of accident and to protect them from the undue hardship established
by enforcement agencies.
History of this case:
Savelife Foundation demanded a legal framework to protect those people who help the injured
or the victims of the road accidents. Savelife Foundation is a non-governmental and non-
profitable organization established in the year 2008 and registered as a Public Charitable Trust.
The man behind foundation of this organization is Piyush Tewari who has himself experienced
a trauma wherein the passers-by just acted as a spectator and did not help the aggrieved as he
discussed on the television show Satyamev Jayate, at that moment he decided to look into this
matter and bring it to the main platform for discussion. It can be inferred that though the
Samaritans want to help the victims but are helpless because they think all this might involve
them in court cases, police investigation and to stay at the hospital to complete all the
formalities and do the payment of the treatment; therefore, the bystanders do not take a step
towards the victims and move on sympathising with them and praying that they might be given
assistance. It was in lieu of this that the organization brought up the case to the mainstream and
filed a PIL

BRIEF FACTS:
1. The petition has been filed under Article 32 of the Constitution of India in public
interest for the development of supportive legal framework to protect Samaritans i.e.
bystanders and passers-by who render the help to the victims of road accidents. These
individuals can play a significant role in order to save lives of the victims by either
immediately rushing them to the hospital or providing immediate lifesaving first aid.
2. Accident cases require fastest care and rescue which could be provided by those closest
to the scene of the accident. Bystanders’ clear support is essential to enhance the
chances of survival of victim in the ‘Golden Hour’ i.e. the first hour of the injury.
3. As per the WHO India Recommendations, 50% of the victims die in the first 15 minutes
due to serious cardiovascular or nervous system injuries and the rest can be saved
through by providing basic life support during the ‘Golden Hour’.
4. Right to life is enshrined under Article 21 which includes right to safety of persons
while travelling on the road and the immediate medical assistance as a necessary
 corollary is required to be provided and also adequate legal protection and prevention
from harassment to good Samaritans. The people have the notion that touching the body
could lend them liable for police interrogation. Passer-by plays safe and chose to wait
for the police to arrive whereas injured gradually bleeds to death. People are reluctant
to come forward for help despite, desperate attempts to get help from passer-by, by and
large they turn blind eyes to the person in distress. Sometimes those who help are
rebuked due to ignorance by the others on touching the scene.
5. In the case of a convoy even when there are several vehicles in the convoy, people wait
for the ambulance to arrive and also for the concerned police help. There are several
desisting factors which are required to be taken care of such as fear of legal
consequences if once action is ineffective or harmful to victim, fear of involvement in
subsequent prolonged investigation and visit to the police station.
6. There is need to evolve the system by promptly providing effective care system with
certain ethical and legal principles. It is absolutely necessary that Good Samaritans feel
empowered to act without fear of adverse consequence. There is need to provide certain
incentives to Good Samaritans. There is also dire need to enact a Good Samaritan Law
in the country since there is a felt need of legislation for affording protection to Good
Samaritans.
OBSERVATIONS AND GUIDELINES OF SUPREME COURT;

After referring to various judgements and elaborately discussing on the power of the judiciary
to lay down laws the Supreme Court held as under:

9. In view of the aforesaid discussion, it is apparent that guidelines and directions can be
issued by this Court including a command for compliance of guidelines and standard
operating procedure issued by Government of India, Ministry of Road Transport and
Highways, till such time as the legislature steps in to substitute them by proper
legislation.

10. This Court can issue such directions under Article 32 read with Article 142 to
implement and enforce the guidelines which are necessary for protection of rights under
Article 21 read with Article 14 of the Constitution of India so as to provide immediate
help to the victims of the accident and at the same time to provide protection to Good
Samaritans.

11. The guidelines will have the force of law under Article 141.

12. By virtue of Article 144, it is the duty of all authorities – judicial and civil – in the
territory of India to act in aid of this Court by implementing them.

13. We have carefully gone through the notification dated 12.5.2015. However, as per the
guidelines contained in para 13, the ‘acknowledgement’ if so desired by Good
 Samaritans, has to be issued as may be prescribed in a standard format by the State
Government.

14. In our opinion, till such time the format is prescribed, there should be no vacuum hence
we direct that acknowledgement be issued on official letter-pad etc. and in the
interregnum period, if so desired by Good Samaritan, mentioning the name of
Samaritan, address, time, date, place of occurrence and confirming that the injured
person was brought by the said Samaritan.

15. We have also gone through the notification dated 21.1.2016 with respect to the
examination of Good Samaritan by the Police as contained in para 2(vii) which we
modify and be read in the following manner :

“The affidavit of Good Samaritan if filed, shall be treated as complete statement by the Police
official while conducting the investigation. In case statement is to be recorded, complete
statement shall be recorded in a single examination.”

16. Remaining guidelines in the notifications dated 12.5.2015 and 21.1.2016 are approved
and it is ordered that guidelines with aforesaid modifications made by us be complied
with by the Union Territories and all the functionaries of the State Governments as law
laid down by this Court under Article 32 read with Article 142 of the Constitution of
India and the same be treated as binding as per the mandate of Article 141.

17. We also direct that the court should not normally insist on appearance of Good
Samaritans as that causes delay, expenses and inconvenience. The concerned court
should exercise the power to appoint the Commission for examination of Good
Samaritans in accordance with the provisions contained in section 284 of the Code of
Criminal Procedure, 1973 suo motu or on an application moved for that purpose, unless
for the reasons to be recorded personal presence of Good Samaritan in court is
considered necessary.

APPLICABLE ARTICLES OF CONSTITUTION OF INDIA;

ARTICLE 14; Equality before law The State shall not deny to any person equality before the
law or the equal protection of the laws within the territory of India Prohibition of discrimination
on grounds of religion, race, caste, sex or place of birth

ARTICLE 21; Protection of life and personal liberty No person shall be deprived of his life or
personal liberty except according to procedure established by law.

ARTICLE 32; Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of
the rights conferred by this Part is guaranteed;
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs
in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever
may be appropriate, for the enforcement of any of the rights conferred by this Part;

(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ),
Parliament may by law empower any other court to exercise within the local limits of its
jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 );

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for
by this Constitution.

ARTICLE 141; Law declared by Supreme Court to be binding on all courts The law declared
by the Supreme Court shall be binding on all courts within the territory of India.

ARTICLE 142; Enforcement of decrees and orders of Supreme Court and unless as to
discovery, etc

( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such
order as is necessary for doing complete justice in any cause or matter pending before it, and
any decree so passed or orders so made shall be enforceable throughout the territory of India
in such manner as may be prescribed by or under any law made by Parliament and, until
provision in that behalf is so made, in such manner as the President may by order prescribe.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court
shall, as respects the whole of the territory of India, have all and every power to make any order
for the purpose of securing the attendance of any person, the discovery or production of any
documents, or the investigation or punishment of any contempt of itself.

SECTION 284 IN THE CODE OF CRIMINAL PROCEDURE, 1973

When attendance of witness may be dispensed with and commission issued.

(1) Whenever, in the course of any inquiry, trial or other proceeding under this Code, it appears
to a Court or Magistrate that the examination of a witness is necessary for the ends of justice,
and that the attendance of such witness cannot be procured without an amount of delay, expense
or inconvenience which, under the circumstances of the case, would be unreasonable, the Court
or Magistrate may dispense with such attendance and may issue a commission for the
examination of the witness in accordance with the provisions of this Chapter:

Provided that where the examination of the President or the Vice- President of India or the
Governor of a State or the Administrator of a Union territory as a witness is necessary for the
ends of justice, a commission shall be issued for the examination of such a witness.

(2) The Court may, when issuing a commission for the examination of a witness for the
prosecution, direct that such amount as the Court considers reasonable to meet the expenses of
the accused, including the pleader' s fees, be paid by the prosecution.
GUILDLINES BY SC

1. A bystander or Good Samaritan shall not face any civil and criminal liability arising
out of helping a road crash victim.

2. A Good Samaritan, who informs 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.

3. Disclosure of personal information of the Good Samaritan in the Medico Legal Case
(MLC) form provided by hospitals shall be voluntary.

4. 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.

5. A Good Samaritan who has voluntarily stated that he is also an eyewitness to the
accident 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.

6. Video conferencing may be used extensively during examination of bystander or Good

Samaritan including eye-witnesses in order to prevent harassment and inconvenience
to Good Samaritans.

7. Lack of response by a doctor in an emergency situation pertaining to road crashes,

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 shall be taken against such doctor under
Chapter 8 of the said Regulations.

8. In case a Good Samaritan so desires, the hospital shall provide an acknowledgement

confirming that an injured person was brought to the hospital to such Good Samaritan.

India’s Stance today :

Good Samaritan Law was introduced in India to provide a legal framework to motivate and
encourage the bystanders to offer aid to the victims without any fear of legal hassles. This
resulted in the introduction of the Good Samaritan (Protection from Civil and Criminal
Liabilities) and Miscellaneous Provisions Bill in the Parliament in the year 2014 for protecting
a Good Samaritan from civil and criminal liabilities and for establishing a supportive legal
environment. The Bill aimed to constitute a Good Samaritan authority and to further create an
obligation on the hospitals and the clinics to help the victims. This Bill also provides guidelines
upon the rights and provisions established for the bystander.

The Bill is still pending before the Parliament, and there was a special mention in the Rajya
Sabha on 3rd May 2016. On 30th March 2016, the Supreme Court of India gave “force of law”
to the guidelines for the protection of Good Samaritans issued by the Ministry of Road
Transport and Highways. The Ministry of Road Transport and Highways of the Government
of India (GOI) laid down specific guidelines and standard operating procedures, and the
Supreme Court recently approved these guidelines and made them enforceable in all States and
Union Territories till effective legislation is in place.

Website you can visit : https://savelifefoundation.org/good-samaritan-law/

Implementation under Motor Vehicle Act :

Section 134 : Duty of driver in case of accident and injury to a person.

When any person is injured or any property of a third party is damaged, as a result of an accident
in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the
vehicle shall--

(a) unless it is not practicable to do so on account of mob fury or any other reason beyond his
control, take all reasonable steps to secure medical attention for the injured person, 1[by
conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every
registered medical practitioner or the doctor on the duty in the hospital immediately to attend
to the injured person and render medical aid or treatment without waiting for any procedural
formalities], unless the injured person or his guardian, in case he is a minor, desires otherwise;

(b) give on demand by a police officer any information required by him, or, if no police officer
is present, report the circumstances of the occurrence, including the circumstances, if any, for
not taking reasonable steps to secure medical attention as required under clause (a), at the
nearest police station as soon as possible, and in any case within twenty-four hours of the
occurrence.
2[(c) give the following information in writing to the insurer, who has issued the certificates of
insurance, about the occurrence of the accident, namely:---

(i) insurance policy number and period of its validity;

(ii) date, time and place of accident;

(iii) particulars of the persons injured or killed in the accident;

(iv) name of the driver and the particulars of his driving licence.

Explanation.--For the purposes of this section the expression driver includes the owner of the
vehicle.]

Section 134A of the New Motor Vehicle Act 2019,

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."