Centre Amends Motor Vehicles Rules For Protection Of ‘Good Samaritans’ [Read Notification]

first_imgNews UpdatesCentre Amends Motor Vehicles Rules For Protection Of ‘Good Samaritans’ [Read Notification] LIVELAW NEWS NETWORK30 Sep 2020 5:16 AMShare This – xThe Central Government has notified amendment to the Central Motor Vehicles Rules, 1989 which inserts Chapter IX to deal with examination of Good Samaritan and Enquiry.”Good Samaritan”, as per Section 134A of the Motor Vehicles Act, 198, is a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Central Government has notified amendment to the Central Motor Vehicles Rules, 1989 which inserts Chapter IX to deal with examination of Good Samaritan and Enquiry.”Good Samaritan”, as per Section 134A of the Motor Vehicles Act, 198, is a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transports such victim to the hospital. As per the said provision, such 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 negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance.The provision empowers the Central Government to make Rules to provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters.The draft of the Rules were published in the notification dated the 26th February, 2020. On Monday (29th September), the Ministry of Road Transport and Highways has notified the Rules.Rights of Good Samaritan The said Rules deals with rights of Good Samaritan:A Good Samaritan shall be treated respectfully without any discrimination on the grounds of religion, nationality, caste or sex.A Good Samaritan who has informed the police of any accident involving a motor vehicle, or who has transported a victim of an accident involving a motor vehicle to the hospital, shall not be subjected to any further requirements by the police or the hospital, and shall be permitted to leave immediately.No police officer or any other person, shall compel a Good Samaritan to disclose his name, identity, address or any such other personal details: Provided that the Good Samaritan may voluntarily choose to disclose his name, address, and name of the injured person (if known) to the police officer: Provided further that, if the Good Samaritan has voluntarily disclosed his name or personal details, the police officer shall not compel such person to become an eye-witness in the case, and choice of becoming an eye-witness shall solely rest with the Good Samaritan.A Good Samaritan who transports a victim of an accident involving a motor vehicle to the hospital shall not be forced to, (a) disclose any personal information, such as his name, telephone number and address, including for the purpose of the Medico-Legal Case Form; (b) fulfil any procedure related to the admission of an injured person or victim at the hospital; or (c) bear any medical expenses towards the treatment of an injured person or victim: Provided that in case the Good Samaritan has volunteered his name, and if he so desires, the hospital shall provide an acknowledgement to such Good Samaritan, on official letter-pad, mentioning the name of the Good Samaritan, address, time, date, place of occurrence, and confirming that the injured person was brought by the said person: Provided further that, a Good Samaritan who has witnessed the accident and volunteers to become an eye-witness may, in addition to his name and address, also indicate his willingness to become an eye-witness in order to facilitate the investigation process. Every public and private hospital shall publish a charter in Hindi, English and vernacular language, at the entrance or other conspicuous location, and on their website, stating the rights of Good Samaritans under the Act and the rules made thereunder.Examination of Good Samaritan If a person has voluntarily agreed to become a witness in the case in which he has acted as a Good Samaritan, he shall be examined in accordance with the provisions of this rule. The examination of a Good Samaritan shall be conducted at a time and place of his convenience, such as his place of residence or business, and the investigating officer shall accordingly be dressed in plain clothes: Provided that the Good Samaritan may choose to have his examination done at the police station, and in such case, the examination shall be conducted in a time bound manner without causing undue delay, and as far as possible, completed in a single examination. In case the Good Samaritan speaks a language other than the language of the investigating officer or the local language of the respective jurisdiction, the investigating officer shall arrange for an interpreter.In case the Good Samaritan has volunteered to become an eye-witness, he shall be permitted to give his evidence on affidavit in accordance with the provisions of section 296 of the Code of Criminal Procedure, 1973 (2 of 1974): Provided that the affidavit of the Good Samaritan, if filed, shall be treated as complete statement, and in case a statement is to be recorded, the complete statement shall be recorded in a single examination. In case the attendance of a Good Samaritan cannot be procured without delay, expense or inconvenience, which under the circumstances of the case would be unreasonable, or the examination is unable to take place at a time and place of his convenience, the Court or the Magistrate may dispense with such attendance and may issue a commission for the examination of the Good Samaritan in accordance with the provisions of section 284 of the Code of Criminal Procedure, 1973 to conduct the examination, on an application made thereunder. Video conferencing shall be used extensively during examination of Good Samaritans who choose to be eye-witnesses, in order to prevent harassment and inconvenience to such Good Samaritan.Click here to Read/Download NotificationRead NotificationNext Storylast_img read more

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MIB Directs NBSA To Take Appropriate Action Against ‘AajTak’ Channel For Allegedly Violating HC Order In Hathras Case

first_imgNews UpdatesMIB Directs NBSA To Take Appropriate Action Against ‘AajTak’ Channel For Allegedly Violating HC Order In Hathras Case LIVELAW NEWS NETWORK6 Nov 2020 9:17 AMShare This – xThe News Broadcasting Standards Authority (NBSA) has issued notice to Aaj Tak news channel for allegedly violating Allahabad High Court’s order for maintaining confidentiality of the investigation in the Hathras Case. Notices were issued after the Central Ministry of Information and Broadcasting asked the authority to take appropriate action against the channel, in view of the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe News Broadcasting Standards Authority (NBSA) has issued notice to Aaj Tak news channel for allegedly violating Allahabad High Court’s order for maintaining confidentiality of the investigation in the Hathras Case. Notices were issued after the Central Ministry of Information and Broadcasting asked the authority to take appropriate action against the channel, in view of the complaint filed by activist Saket Gokhale. Delete Ministry of Information and Broadcasting has asked NBSA to take appropriate action against @aajtak within 15 days for allegedly violating HC order in #Hathras Case on a Complaint by @SaketGokhale NBSA issues notice to @aajtak pic.twitter.com/d5txCWgaA6— Live Law (@LiveLawIndia) November 6, 2020 Gokhale had written to the Additional Chief Secretary of the UP Government, alleging that despite clear direction of the High Court to maintain confidentiality with regard to investigation of the case, Aaj Tak broadcasted a news report about the ongoing CBI investigation. It is alleged, “In this report, news channel Aaj Tak purportedly claimed to report on the investigation of the CBI in the Hathras case and about questions asked by the CBI team to the victim’s family during the investigation. May it be noted that this is a brazen violation of the orders of the Hon’ble Allahabad High Court.” Copies of the complaint were also sent to the Central Ministry and CBI, for necessary compliance at their end. During hearing of the suo moto PIL titled In re: Right To Decent & Dignified Last Rites/ Cremation, a Division Bench of the High Court had asked you investigating agency to maintain complete confidentiality. “The State administration is directed to ensure the safety and security of the family members of the victim so that no harm is caused to them. It is further provided that the inquiry/investigation which is being carried-on in the matter, either by the S.I.T. or by any other agency such as CBI, be kept in full confidentially and no report or post thereof is leaked out in the public,” the Court had ordered. Thus, Gokhale had urged the Additional Chief Secretary of the UP Government to take cognizance of such “blatant violation” of a judicial order and initiate appropriate action against Aaj Tak for non-compliance. “May it be noted that, as respondent, it is your responsibility to ensure compliance with the orders of the Hon’ble court,” Gokhale said in his Complaint. The Allahabad High Court had registered a suo moto case in the wake of gang rape of a 19-yr-old woman. The Bench is primarily examining the manner in which her body was cremated by the State authorities at midnight, despite protest by her family members. The High Court had remarked that “The victim was at least entitled to decent cremation in accordance with her religious customs and rituals which essentially are to be performed by her family.” ‘Not Allowed To See Her Face For Last Time’ : Hathras Victim’s Family Break Down Before Allahabad HC The Court had also pulled up ADGP, UP, for disclosing the victim’s medical report and commenting that no rape happened as per the report prepared by the Forensic Science Laboratory. Hathras Case : Presence Of Sperm Not Necessary To Prove Rape; UP Police Claim Contrary To Law The Court had asked the ADGP if he was aware of the 2013 amendments to the criminal law, which changed the definition of ‘rape’. The Court had also asked him if he was aware that mere absence of semen during a forensic examination, though a factor for consideration, would not by itself be conclusive as to whether rape had been committed or not, if there are other admissible evidence. The matter is now being investigated by the CBI. On Monday, the High Court had expressed concern the Uttar Pradesh government not taking any action against District Magistrate Pravin Kumar for fairness of the probe. Allahabad HC Calls For Status Report From CBI, Asks State About Possibility Of Transferring DM Elsewhere The matter will now be heard on November 25. Significantly, a PIL was also filed before the Supreme Court in connection with this case. However, the Bench headed by CJI SA Bobde has asked the Allahabad High Court to monitor the probe. Hathras Case : Supreme Court Asks Allahabad High Court To Monitor CBI Probe As regards the plea for transfer of trial outside the State of Uttar Pradesh, the CJI-led bench stated that the question of transfer is left open until the investigation is completed. Further, it directed that the security to the victim’s family and the witnesses shall be provided by the CRPF within a week.Next Storylast_img read more

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