Good Samaritan law: helping accident victims without legal trouble

Yes, you can help a road accident victim without fear of legal trouble. Section 134A of the Motor Vehicles Act, inserted in 2019, says a Good Samaritan is not liable for any civil or criminal action for the victim’s injury or death resulting from negligence in giving emergency care. You cannot be forced to give your name or be a witness, and a hospital cannot demand payment from you. Call 112, get the victim to the nearest hospital, and leave once you have handed over. Victims are also entitled to cashless treatment of up to ₹1.5 lakh for seven days.

What s.134A protects, and what it does not

People often walk past accident victims because they fear police questioning, repeated court visits or blame if the victim dies. Section 134A was added to remove that fear. A Good Samaritan, in law, is a person who in good faith, voluntarily and without expecting any reward or compensation, gives emergency help at the scene or takes the victim to hospital. If you act in that way and your help is clumsy, you cannot be sued or prosecuted for the injury or death that results from your negligence in acting or failing to act.

This protection covers negligence in helping. It does not cover the person who caused the accident, and it does not cover deliberate harm. A driver who flees the scene remains answerable.

What a Good Samaritan can expect in practice

• You can leave. Once you have informed the police or brought the victim to hospital, you are free to go.
• No compulsion on identity. You are not obliged to give your name, address or phone number to the police or the hospital, though you may do so if you want the reward or to be contacted.
• No detention. You cannot be held at the hospital or police station.
• Witness only by choice. If you offer to be a witness, you are to be examined once, at a convenient time and place.
• No bill. The hospital should not ask you to pay for the victim’s treatment. Ask for a written acknowledgement that you brought the victim if you want one.

These points come from the Supreme Court’s 2016 approval of Good Samaritan guidelines in Savelife Foundation and the later statutory protection.

Doctors must treat first

Section 134 of the Motor Vehicles Act requires every registered medical practitioner or doctor on duty in a hospital to attend to an injured person immediately and give treatment without waiting for formalities. The Supreme Court held in Pt. Parmanand Katara v. Union of India (1989) that doctors must give emergency treatment to preserve life without waiting for police procedure.

Cashless treatment and PM RAHAT

The Cashless Treatment of Road Accident Victims Scheme, 2025, notified by MoRTH under s.162 and effective from 5 May 2025, entitles any victim of a road accident caused by the use of a motor vehicle on any road to cashless treatment of up to ₹1.5 lakh per victim per accident, for a maximum of seven days from the date of the accident, at designated hospitals. Non-designated hospitals provide treatment only for stabilisation. In February 2026 the Centre announced the PM RAHAT scheme with the same ₹1.5 lakh and seven-day entitlement. Reports say stabilisation is covered for up to 24 hours in non-life-threatening cases and up to 48 hours in life-threatening cases, with police authentication required within that window. Anyone can call 112 to get an ambulance and be directed to the nearest designated hospital.

The Rah-Veer reward

MoRTH’s Rah-Veer scheme gives a cash reward of ₹25,000 and a certificate of appreciation to a person who saves the life of a victim of a serious motor accident by rushing them to hospital within the golden hour, the first hour after the injury. A serious accident is described as one involving major surgery, at least three days of hospitalisation, brain or spinal cord injury, or death during treatment. If several people save one victim, the amount is shared. The scheme was notified to run until 31 March 2026, so check with your state Transport Commissioner’s office whether it has been extended before you apply. You will need to give your details to claim it, which is entirely your choice.

If you are the driver involved

1. Stop and help. Secure medical attention for the injured, including taking them to the nearest hospital, unless that is not practicable because of mob fury or another cause beyond your control.
2. Report. Tell any police officer who asks. If none is present, report at the nearest police station as soon as possible and within 24 hours.
3. Tell the insurer in writing with the policy number and validity, date, time and place of the accident, details of persons injured or killed, and the driver’s details.
4. Preserve evidence with photographs, dashcam footage and witness details. Give facts, not opinions, and take advice before a detailed written statement.

Failure to do these things is punishable under s.187, with imprisonment up to six months, or fine up to ₹5,000, or both, and more for a repeat offence. If a crowd threatens you, go straight to the nearest police station and report. That is very different from running away.

The criminal case is separate. Causing death by negligence is punishable under BNS s.106(1) with up to five years and a fine. The separate hit-and-run provision, BNS s.106(2), had not been brought into force as on 7 November 2026. See our IPC to BNS conversion table for the old and new section numbers.

If you are the victim’s family

• Ensure an FIR is registered. Information can be given at any police station (zero FIR, BNSS s.173(1)), and you are entitled to a free copy of the FIR. If police refuse, write to the Superintendent of Police (s.173(4)), then approach the Magistrate (s.175(3)). See our table of CrPC to BNSS sections.
• Keep every medical bill, prescription and discharge summary. Some costs can be claimed later.
• Claim compensation before the Motor Accidents Claims Tribunal under s.166. The time limit in s.166(3) is six months, but on 4 November 2025 the Supreme Court directed in Bhagirathi Dash v. Union of India that, while the challenge to that limit is pending, tribunals and High Courts shall not dismiss claim petitions as time-barred. File as early as you can and take advice.
• Where the vehicle cannot be traced, the hit-and-run scheme under s.161 pays ₹2 lakh for death and ₹50,000 for grievous hurt through the Claims Enquiry Officer. Free legal aid is available through the District Legal Services Authority (NALSA 15100).

Example: On the Delhi to Jaipur highway, Rekha sees a motorcyclist lying injured. She calls 112 and, with another driver, takes him to the nearest hospital, which admits him under the cashless scheme. Rekha asks for a written acknowledgement and leaves her number only with the police. She is not detained and nobody asks her to pay.

Want the full set of checklists and model letters in one place? See Traffic Challans and Road Law: Your Rights under the Motor Vehicles Act, ₹199, or browse all certificate courses.

Frequently asked questions

Can I be arrested for helping an accident victim?

You cannot be held liable for negligence in giving emergency help in good faith (s.134A), and you cannot be detained for helping. If someone insists, ask for their name and rank and cite s.134A.

Do I have to give my name to the police or hospital?

No. A Good Samaritan cannot be compelled to disclose personal details. Giving them is your choice, for example to claim the Rah-Veer reward.

Who pays the hospital bill of an accident victim?

Under the cashless scheme, treatment up to ₹1.5 lakh for up to seven days is paid from the Motor Vehicle Accident Fund. Costs beyond that can often be claimed later from the owner or insurer in a tribunal claim.

What if the driver ran away?

Report to police and ensure an FIR is registered. If the vehicle cannot be traced, apply under the hit-and-run scheme (s.161): ₹2 lakh for death and ₹50,000 for grievous hurt.

Is a driver who leaves the scene out of fear of a mob in trouble?

Leaving to protect yourself is recognised in s.134, but the driver must report at the nearest police station as soon as possible and within 24 hours.

Quick quiz

Sources

• Motor Vehicles Act, 1988, ss.134, 134A, 161, 162, 166 and 187
• Savelife Foundation v. Union of India (Supreme Court, 2016) and Pt. Parmanand Katara v. Union of India (1989)
• Cashless Treatment of Road Accident Victims Scheme, 2025 (MoRTH) and the PM RAHAT scheme (announced February 2026)
• Rah-Veer scheme guidelines (MoRTH); check current status
• Bhagirathi Dash v. Union of India, W.P.(C) No. 166 of 2024 (Supreme Court interim order of 4 November 2025)
• Bharatiya Nagarik Suraksha Sanhita, 2023, ss.173 and 175(3); Bharatiya Nyaya Sanhita, 2023, s.106

This page is for education and general information, not legal advice for a specific case. Law as on 7 November 2026.