Jurisprudential Analysis of Good Samaritan Laws in India

Abstract

The Good Samaritan laws are concerned with giving or failure to give aid during emergency situations, coupled with the sensitive relationship between law and morality. Owing to Indian moral values and culture along with Bible and Christianity, this article may be seen discussing two important, although related topics, i.e., the legal theory or jurisprudential aspect of Good Samaritan laws and the criminal and civil liabilities imposed on the same. The article studies the relationship between rights and duties of the bystander and the road accident victims in various circumstances i.e., when the imperiled person is in physical danger, when he has responsibilities towards his family or society, when the bystander has intervened or intermeddled or interloped or when there is a negative effect on the act performed by the bystander under emergency situations, among others. This paper also studies the feasibility of imposition of criminal liability on bystanders under the Indian law, through a comparative analysis of the Criminal Code of Germany. The paper also establishes the moral imperative ground on which the Good Samaritan laws can be legalized, penalized and criminalized. Certain social, economic, legal and moral recommendations are proposed to the existing guidelines laid down by the Supreme Court in the case of Save Life Foundation vs Union of India.

Keywords: Good Samaritan laws, Criminal Code of Germany, Road Accident Victim, civil and criminal liability, Save Life Foundation vs Union of India