Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 141 21/14 1950 Good Samaritan Guidelines Article 32/142 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India, 1950 — Arts 32/142, 141, 21/14 -- Protection of Samaritans-bystanders and passers-by who render help to the victims of road accidents — Development of supportive legal framework — Constitution of Committee to develop guidelines for protecting Good Samaritans from police harassment and legal hassles — Acceptance of the recommendations of the Committee by the Ministry - Issuance of Notifications laying down ‘Good Samaritan Guidelines and standard operating procedures to be issued for examination of good Samaritans by the police or during trial — Prayer by the Ministry that the guidelines notified be declared to be enforceable by this Court so that it is binding on all the States and Union Territories until the Union Government enacts a law to this effect — Held: This Court can issue guidelines and directions by including a command for its compliance till such time a proper legislation is enacted — Issuance of such directions under Art 32/ 142 to implement and enforce the guidelines necessary for protection of rights under Art 21/14 so as to provide immediate help to the victims of the accident and protection to Good Samaritans - Guidelines will have the force of law u/Art 141 — Guidelines with certain modifications be complied with by the Union Territories and all the functionaries of the State Governments as law laid down by this Court under Art 32/142 and be treated as binding as per the mandate of Art. 141. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2016 INSC 289 |
Petitioner | Savelife Foundation & Anr. |
Respondent | Union Of India & Anr. |
SCR | [2016] 2 S.C.R. 45 |
Judgement Date | 2016-03-30 |
Case Number | 235 |
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