The court, which approved the Central government's guidelines directing the states to follow them to protect the people from facing unnecessary harassment from the law enforcers, asked the trial court to set up a committee for recoding of the Good Samaritan's statement as witness in the case.
In a significant judgment, the Supreme Court has said that the trial court should not insist on the appearance of Good Samaritan, who helps the victims, as witness in accident-related cases.
The court, which approved the Central government's guidelines directing the states to follow them to protect the people from facing unnecessary harassment from the law enforcers, asked the trial court to set up a committee for recoding of the Good Samaritan's statement as witness in the case.
"We also direct that the court should not normally insist on appearance of Good Samaritans as that causes delay, expenses and inconvenience. The court concerned should exercise the power to appoint the commission for examination of Good Samaritans in accordance with the provisions contained in section 284 of the Cr PC..., unless for the reasons to be recorded personal presence of good Samaritan in court is considered necessary, a bench of Justices V Gopala Gowda and Arun Mishra said on a PIL filed by an NGO Save LIFE Foundation.
To prevent the witnesses from getting entangled with lengthy legal process, the guidelines suggested for video conferencing to record the statement in the case.
"Video conferencing may be used extensively during examination of bystander or Good Samaritan, including the persons referred to in guideline (1) above, who are eyewitnesses in order to prevent harassment and inconvenience to good Samaritan," as per the guidelines.
Good Samaritans Guidelines issued by the ministry of road transports and highways in May last year and the standard operating procedures (SOP) in January this year are based on the report filed by the committee headed by the then additional home secretary K Skandan.
Welcoming the judgment, Piyush Tewari, founder & CEO of Save LIFE Foundation, the petitioner in the matter, stated, "This is one of the most crucial reforms to have taken place in independent India. One need not fear any repercussions any more for helping an injured person..."
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