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MVA 1988 (Amended 2019)NEW_2019Chapter V

Section 134A

Protection of Good Samaritans

Control of Traffic
Fine: N/ACompoundable: N/AEndorsement: No
BARE ACT PROVISION

Legal Text

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 act of providing emergency medical or non-medical assistance to the victim in good faith and without expectation of any reward.

Simplified Explanation

Section 134A was added by the 2019 Amendment specifically in response to the Supreme Court's direction in Savelife Foundation v. Union of India (2016) and documented evidence that bystanders were dying of neglect in accident sites because potential helpers feared police harassment, court witness obligations, and hospital formalities. The provision creates comprehensive protection for Good Samaritans: no civil liability for any harm that results from good-faith assistance; no criminal liability; police cannot detain or force the Good Samaritan to remain at the scene; hospitals must provide emergency treatment without demanding information from the helper; the Good Samaritan's identity is protected if they choose not to be identified. The provision specifically requires that assistance be provided 'in good faith and without expectation of reward' — excluding those who provide assistance expecting payment. MoRTH has issued detailed guidelines operationalising Section 134A across police and hospital protocols.

Historical Context

Studies conducted by Savelife Foundation documented that hundreds of road accident victims bled to death at accident sites while crowds watched, fearing the consequences of helping. India's culture of bystander non-intervention at accidents was identified as a major public health crisis. Section 134A and the MoRTH Good Samaritan guidelines are a direct legislative response to this documented phenomenon.

Critical Changes

Section 134A added by MVA Amendment 2019 — provides comprehensive Good Samaritan protection.

Hospitals must provide emergency treatment without demanding FIR or documentation from Good Samaritan.

Police cannot detain Good Samaritan or force them to testify.

Good Samaritan's identity kept confidential if they choose.

Practical Scenarios

"A bystander who loads an accident victim into their car and takes them to hospital — fully protected under Section 134A."
"A motorist who calls 108 (ambulance) for an accident victim and waits with them — Good Samaritan, fully protected."

Common Queries

Under Section 134A: police cannot detain or arrest you merely for helping; you cannot be forced to testify; hospitals must treat the victim without requiring documentation from you; you have no civil or criminal liability for any injury resulting from your good-faith assistance; your identity is protected.
No — under Section 134A and the MoRTH Good Samaritan guidelines, hospitals must provide immediate emergency treatment to accident victims without demanding police documentation. Demanding an FIR before treating a critical patient is a violation of these guidelines.