Chapter II PROTECTION FOR GOOD SAMARITANS

(1) A Good Samaritan shall not incur any civil or criminal liability for an act done or omission made while providing emergency care to an injured person, when such an act or omission is made in good faith;- (i) with the consent of the injured person, whether express or implied; or (ii) if the circumstances are such that it is impossible for such person to signify consent, then without the consent of the injured person; or (iii) if the injured person is incapable of giving consent, with the consent of his guardian or other person in lawful charge of him, or if he has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time to provide emergency care, then without such consent: [XXX] Provided further that the protection from criminal liability shall not extend to,- 1. Omitted by Act 05 of 2019 w.e.f. the date of coming to force of the Principal Act. (a) the intentional causing of death, or the attempting to cause death; (b) the doing of anything which the person doing it knows to be likely to cause death; for any purpose other than the preventing of death or grievous injury; (c) the voluntary causing of hurt, or the attempting to cause hurt, for any purpose other than the preventing of death or hurt; and (d) the abetment of any offence, to the committing of which offence it would not extend. (2) Where, a person, or a group of persons, brings an injured person to a hospital and an acknowledgement under sub section (3) of section 4 is issued to each of them by the said hospital, the Court shall presume all such persons to be Good Samaritans.

1. (i) with the consent of the injured person, whether express or implied; or
2. (ii) if the circumstances are such that it is impossible for such person to signify consent, then without the consent of the injured person; or
3. (iii) if the injured person is incapable of giving consent, with the consent of his guardian or other person in lawful charge of him, or if he has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time to provide emergency care, then without such consent: [XXX] Provided further that the protection from criminal liability shall not extend to,-

¹ Omitted by Act 05 of 2019 w.e.f. the date of coming to force of the Principal Act.

1. (a) the intentional causing of death, or the attempting to cause death;
2. (b) the doing of anything which the person doing it knows to be likely to cause death; for any purpose other than the preventing of death or grievous injury;
3. (c) the voluntary causing of hurt, or the attempting to cause hurt, for any purpose other than the preventing of death or hurt; and
4. (d) the abetment of any offence, to the committing of which offence it would not extend.

1. (2) Where, a person, or a group of persons, brings an injured person to a hospital and an acknowledgement under sub section (3) of section 4 is issued to each of them by the said hospital, the Court shall presume all such persons to be Good Samaritans.

1. (a) furnish any of his own personal information such as his name, telephone number and address at the hospital including for the preparation of a medico-legal form; or
2. (b) fulfil any procedure related to the admission of an injured person at a hospital; or
3. (c) bear any medical expenses towards the treatment of an injured person at a hospital.

1. (2) A Good Samaritan shall not be required for examination by the police, in accordance with section 9 and 10 of this Act, unless such Good Samaritan is proven to be an eye-witness to the accident or incident of crime or any other emergency situation: Provided that a Good Samaritan may lodge a complaint with the appropriate authority as

may be specified by the Government by notification, for any grievance against a police officer on the grounds of harassment or intimidation, and such authority shall ensure that a departmental inquiry is initiated on the basis of the complaint;

1. (3) (a) A Good Samaritan may voluntarily provide to the hospital his own name and address, the name of the injured person, if known, and shall be required to provide the time and place from where he has rescued such an injured person;
   • (b) if the information in clause (a) is provided by the Good Samaritan, a copy thereof, along with an acknowledgment of his services shall be provided to him immediately for his records.