If you are stuck in such a situation, here is what to do.

A common but complex question arises from a sense of detachment or fear of legal entanglement: if you witness an accident or see an injured person but choose not to help, can you face legal consequences in India? Let’s consider a scenario. Mr. Alok is walking down a quiet lane in the city of Navipur when he sees a stranger, Mr. Brijesh, who has clearly fallen from his scooter and is lying on the road, groaning in pain. No one else is around. Mr. Alok, feeling hesitant and not wanting to get involved, decides to walk away. The entire incident, including Mr. Alok’s decision to leave, is captured on a nearby security camera.

The core of the issue is whether Mr. Alok’s inaction, or “omission,” constitutes a criminal offense. Generally, Indian law does not impose a blanket legal duty on a citizen to rescue or assist another. The law primarily punishes wrongful acts, not the failure to do a good act. While it may be a moral or ethical failing, it is not, in itself, a crime for a bystander who did not cause the harm to simply walk away. The legal system has evolved to encourage and protect those who help—known as Good Samaritans—rather than penalizing those who do not.

Advice in such cases

While the law may not compel you to act, it is always advisable from a humanitarian and civic perspective to offer help. The law is on your side if you do.

• Immediately call for emergency services. The national emergency number is 112, which can dispatch both police and ambulance services.
• Provide the operator with the precise location and a brief description of the situation.
• You can assist the victim with basic first aid if you are able, but your primary role can simply be to ensure professional help is on its way.
• The law protects you from any civil or criminal liability for any unintended outcome during the assistance process. You cannot be forced to disclose your personal details or be detained for questioning.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A Good lawyer can get the issues resolve in 7-10 days.

Applicable Sections of Law

The legal framework surrounding this issue is primarily focused on protecting helpers, not punishing non-helpers.

• Section 134A of the Motor Vehicles (Amendment) Act, 2019: This is the cornerstone of the “Good Samaritan Law” in India. It defines a Good Samaritan as a person who, in good faith, voluntarily and without expectation of any reward, renders emergency medical or non-medical care or assistance to a victim at the scene of an accident. It explicitly states that a Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim caused by their negligent act or omission in providing care.
• Supreme Court Guidelines: In the case of SaveLife Foundation & Anr. vs. Union of India & Anr., the Supreme Court issued comprehensive guidelines, which were later codified into law, to protect bystanders and Good Samaritans from police harassment and legal complications.
• Bharatiya Nyaya Sanhita, 2023 (BNS): It is crucial to distinguish a bystander’s inaction from a “hit-and-run” case. Section 106(2) of the BNS penalizes a driver who causes death by rash and negligent driving and then escapes without reporting the incident to the police or a Magistrate. This duty to report is specific to the person who caused the accident, not a random witness.

If you are the complainant

If you are a family member of the injured person (Mr. Brijesh in our example), your course of action would be to file a complaint or First Information Report (FIR) with the police regarding the accident itself. Your complaint would be about the incident that caused the injury, not about the bystander (Mr. Alok) who failed to help. During the investigation, if the police recover CCTV footage, they may identify Mr. Alok and call him in as a witness to understand the sequence of events. However, the legal action would be directed at finding the cause of the accident, not prosecuting Mr. Alok for his inaction.

If you are the victim

As the injured party, your foremost priority is your health and safety. Seek immediate medical attention. Once you are stable, you or your relatives should inform the police about the incident. Provide them with as many details as you can remember about how the injury occurred, the location, and the time. This will trigger a formal investigation under the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the police will proceed to collect evidence like CCTV footage and witness statements to ascertain the facts.

How the police behave in such cases

Following the Supreme Court’s directives and the enactment of the Good Samaritan Law, police are mandated to treat witnesses and helpers with respect and sensitivity. If a person helps an accident victim, the police cannot compel them to stay or reveal their identity. If they choose to be a witness, they can give their statement at a time and place of their convenience.

In the case of a bystander who did not help, like Mr. Alok, the police approach would be to treat him as a potential witness, not an accused. They would likely ask him to state what he saw to help with the investigation into the cause of Mr. Brijesh’s injuries. There is no legal provision under which they can arrest or charge him merely for his failure to render aid.

FAQs people normally have

What evidence is required?

In such cases, the primary evidence relates to the cause of the injury. This includes:

• CCTV Footage: This is often the most crucial piece of evidence, as it can show how the accident happened and who was present at the scene.
• Witness Statements: Statements from anyone who saw the incident, including the bystander who chose not to intervene.
• Medical Reports: The victim’s medical records and injury report serve as evidence of the harm suffered.
• Forensic Evidence: Evidence from the accident scene, such as vehicle damage or skid marks.

How long will the investigation take?

The duration of a police investigation under the BNSS can vary significantly. For a straightforward case where the cause and parties are clear, it might conclude within a few weeks. However, if the cause of the injury is unknown or requires extensive evidence gathering (like tracking down a vehicle in a hit-and-run), the investigation could take several months or longer.

Advocate Sudhir Rao, Supreme Court of India