📚Civic Action

How to report a crime and use the Good Samaritan Law in India

Witnessing a crime or accident is heavy. Learn how to help victims and report incidents without getting stuck in legal loops using the Good Samaritan Law and BNSS Section 173.

HowToHelp Editorial
11 min read
#Good Samaritan Law India#BNSS Section 173#Zero FIR India#Savelife Foundation case#report hit and run India#witness protection India#emergency number 112#Indian citizen rights

The "Are we deadass rn" moment

You’re walking back from a late-night tuition or a movie, and you see it: a hit-and-run. Or maybe it’s a fight that’s turned ugly, or a woman being harassed at a bus stop. You see a crowd forming. But instead of helping, everyone has their phones out, recording for the Gram. You feel that pit in your stomach—the "are we deadass rn?" feeling where the world feels broken because nobody is stepping in. You want to help, but you’ve heard the horror stories. You’re scared that if you take someone to the hospital or call the police, you’ll be the one stuck in the station for 10 hours, paying ₹50,000 in legal fees, or getting harassed by the perpetrator’s family.

This guide is for the moment you decide to break the cycle of apathy. You don't have to be a superhero; you just need to know the rules that protect you. In India, the law has actually changed significantly to make sure that people who help—Good Samaritans—are shielded from the very "legal chakkar" you’re afraid of. If you're witnessing something online instead of IRL, you might want to check the Cyber Crime reporting portal instead. But for the streets, here is how you act.

What the law actually says

There are two main pillars you need to know: the Good Samaritan Law and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (which replaced the old CrPC on July 1, 2024).

1. The Good Samaritan Law (2016)

Following the Supreme Court judgment in Savelife Foundation & Anr. v. Union of India & Ors. (2016), the Ministry of Road Transport and Highways (MoRTH) issued a binding "Charter of Rights" for Good Samaritans.

  • No Liability: You are not liable for any civil or criminal action for any injury or death of the victim you tried to help, as long as you acted in good faith.
  • No Compulsion to Reveal Identity: If you call the police or take a victim to the hospital, you cannot be forced to give your name, phone number, or address. You can walk away.
  • Hospital Rules: A hospital cannot demand money from you for the victim's treatment, nor can they detain you. They must provide a "Good Samaritan Acknowledgement" if you ask for it.
  • Police Questioning: If you choose to be a witness, you cannot be forced to go to the police station. You can be examined via video conferencing or at a time and place of your choosing.

2. Registration of Crime (BNSS Section 173)

The old Section 154 of the IPC is gone. Under Section 173 of the BNSS, filing a report is more accessible:

  • Zero FIR: You can report a crime at any police station, regardless of whether the crime happened in their jurisdiction. The police are legally bound to register it and then transfer it to the correct station. For more details on this, see our guide on How to file an FIR (and what to do if police refuse).
  • E-FIR: You can now provide information about a crime through electronic communication. However, for it to be an official FIR, you must sign it within three days.
  • Section 106 of BNS: This covers "causing death by negligence." If you witness a hit-and-run, the law now imposes heavy penalties (up to 10 years in prison and a fine) if the driver escapes without reporting it to the police or a Magistrate. Your testimony could be the difference in getting justice.

Step-by-step playbook

Step 1: The First 60 Seconds (The Golden Hour)

If it’s a medical emergency or an accident, the first hour is the "Golden Hour." Your priority is the victim, not the paperwork.

  • Call 112: This is the pan-India emergency number. Clearly state: "I am witnessing an emergency at [Location]. I am a Good Samaritan. I need an ambulance and police assistance."
  • Record (Safely): If you can do so without putting yourself in danger, take a quick video or photo of the vehicle number plate or the perpetrator’s face. This is "electronic evidence" under Section 2(i) of the BNSS.
  • Secure the area: If it’s a road accident, try to alert oncoming traffic so the victim isn't hit again.

Step 2: Transporting the victim

If the ambulance is taking too long and you decide to take the victim to the hospital yourself:

  • Private Vehicle/Auto/Cab: Do not worry about blood stains on the seat; your focus is the hospital.
  • Arrival: Tell the hospital staff immediately: "I am a Good Samaritan. I found this person at [Location]."
  • Your Exit: You are legally allowed to leave immediately. If the staff tries to stop you or asks for money, say: "Under the Supreme Court judgment in Savelife Foundation v. Union of India, I am a Good Samaritan. I am not required to pay or stay. Please record my refusal to provide details if you must, but I am leaving."

Step 3: Reporting to the Police (Zero FIR)

If you witnessed a crime (theft, assault, harassment), you should report it even if you aren't the victim.

  • Go to the nearest station: Don't let them tell you "this isn't our area." Tell the Duty Officer: "I want to file a Zero FIR under Section 173 of the BNSS."
  • The Statement: Describe what you saw clearly. Avoid guessing. Use phrases like "I saw a person wearing a red shirt..." rather than "I think the guy was..."
  • Electronic Reporting: If you are scared to go in person, send an email or a message to the official handle of the District SP or the state police portal. Mention the date, time, and location.

Step 4: Protecting your privacy

If the police want to record your statement as a witness:

  • Location: Under the MoRTH guidelines, you can request that the statement be recorded at your home or office, not the police station.
  • Video Conferencing: Ask if you can give your statement via a video call. The BNSS encourages the use of technology for investigations.
  • No Harassment: If you start getting calls from unknown numbers or threats, report it immediately to the SP's office. Witness protection is a growing legal area in India, and the court can provide protection if the threat is credible.

Step 5: Post-Action Care

Witnessing violence or a severe accident is traumatic. You might feel shaky or have trouble sleeping for a few days. This is normal. Don't bottle it up. You can reach out to professional services like those listed in our Mental health helplines (iCall, Vandrevala, NIMHANS) guide.

Acting as a citizen isn't just about following rules; it's about reclaiming the streets from the "bystander effect." When you know the law has your back, you can move from being a spectator to being the person who actually helped. For more ways to take action in your community, Browse all civic-action guides.

Where it usually breaks

Even with the law on your side, ground reality in India can be a bit of a "system error." Here are the three most common ways things go sideways and how you can override them.

1. The "Not Our Jurisdiction" Excuse

You try to report a crime or an accident at the nearest police station, and the officer tells you, "Yeh hamara ilaaka nahi hai" (This isn't our area). They try to send you to a station 5km away.

  • The Workaround: Remind them of Section 173 of the BNSS. Explicitly use the term "Zero FIR." Tell them they are legally required to register the information and transfer it to the relevant station themselves. If they still refuse, don’t argue. Take out your phone, note the officer’s name/badge number, and tell them you will be filing a complaint on the State Police’s online portal or via the PGPortal (pgportal.gov.in) for "Refusal to register FIR," citing the Lalita Kumari v. Govt. of UP (2014) judgment.

2. The "ID Trap" at Hospitals

You rush a victim to a private hospital. The reception desk refuses to start treatment until you fill out a form with your Aadhaar details, phone number, and a "deposit" of ₹20,000.

  • The Workaround: This is a direct violation of the Supreme Court's 2016 order. State clearly: "I am a Good Samaritan. Under the Savelife Foundation judgment, I am not required to provide my ID or pay for the victim's treatment." If they delay treatment, call 112 immediately and report that a hospital is denying emergency care. Under Section 125 of the Bharatiya Nyaya Sanhita (BNS), endangering life by omitting to act is a serious matter. Most hospitals will back down the moment you start recording the interaction or mention the 112 call.

3. The "Witness Pressure"

A few days later, a Constable calls you and tells you to "come to the station" to give a statement. They might sound intimidating or act like you’re a suspect.

  • The Workaround: You have the right to say no. Under the Good Samaritan guidelines, you can choose to be examined via video conferencing or have the police come to your house at a time you choose. You do not have to enter a police station if you don't want to. If they persist, send a formal email to the Superintendent of Police (SP) of that district, citing your rights as a Good Samaritan.

Templates / script

Script: When the Hospital demands your ID/Money

You: "I’ve brought this person here because it’s an emergency. I am a Good Samaritan." Staff: "Sir/Ma'am, please fill this form and deposit ₹10,000 at the counter first." You: "I am not the victim’s relative, and I am not legally bound to pay or provide my ID. Under the Supreme Court’s Savelife Foundation (2016) ruling and the MoRTH notification, you must provide immediate medical care without detaining me. Please give me a 'Good Samaritan Acknowledgement' and I will be on my way. If you refuse treatment, I am calling 112 and reporting this hospital for a violation of the SC guidelines."

Script: Reporting a crime via 112

"Hello, I am calling to report a [hit-and-run / assault / accident] at [Location - give landmarks]. I am a Good Samaritan. There is [one/two] victim(s) who look [unconscious/bleeding]. I have noted the vehicle number: [Number]. Please send an ambulance and a PCR van immediately. I [will / will not] be staying at the spot. My name is [Name], but I wish to remain anonymous in the official records as per Good Samaritan laws."

Template: Email to SP if Police refuse a Zero FIR

To: [Email of District SP - find on state police website] Subject: Complaint: Refusal to register Zero FIR at [Station Name]

Respected Sir/Madam,

On [Date] at [Time], I attempted to report a crime (witnessed [briefly describe crime]) at [Station Name]. The officer on duty, [Name/Description], refused to register a Zero FIR, citing jurisdiction issues.

This is a violation of Section 173 of the BNSS and the Supreme Court’s directions in Lalita Kumari v. Govt. of UP (2014). As a Good Samaritan, I am trying to assist the law. I request you to direct the station to register the FIR immediately and take action against the concerned officer for dereliction of duty.

Regards, [Your Name] [Your Phone Number]

FAQs

1. Can I be sued or arrested if the victim dies while I'm helping them? No. As long as you acted in "good faith" (meaning you weren't trying to cause harm), you have total civil and criminal immunity. This is the core of the Good Samaritan Law. Even if you make a mistake while giving first aid, the law protects you because your intention was to save a life.

2. Do I have to pay for the ambulance I called? No. Government ambulances (102/108) are free. If a private ambulance shows up, the hospital is responsible for the billing as part of the emergency stabilization. You, as the bystander, are never liable for these costs.

3. What if I am under 18? Can I still help? Yes. The law doesn't have an age limit for being a hero. However, if you are a minor, it is better to call 112 first rather than trying to move a victim yourself, just to ensure you stay safe. The police/hospital must treat you with the same respect and anonymity as an adult.

4. Is there really a ₹5,000 reward for helping? Yes. The Ministry of Road Transport and Highways (MoRTH) has a scheme where "Good Samaritans" who save a life in a road accident can receive a ₹5,000 reward and a certificate of appreciation. The police or hospital is supposed to inform the District Magistrate, who then clears the payment. You can ask the hospital for the "Good Samaritan Acknowledgement" to start this process.

5. Can I report a crime through WhatsApp or Email? Under Section 173 of the BNSS, you can provide information about a crime electronically (e-FIR). However, the law says you (the informant) must sign the record within three days for it to be treated as a formal FIR. Many states like Delhi, UP, and Karnataka have specific apps for this—check your state police website.

6. What if the police keep calling me to give a statement? If you volunteered to be a witness, they can ask for a statement. However, under the 2016 guidelines, they should ideally do this once. You can request that the statement be taken at your home or via a video call. If they harass you, you can file a complaint with the Police Complaints Authority (PCA) in your state.

Frequently Asked Questions

1. Can I be sued or arrested if the victim dies while I'm helping them?

No. As long as you acted in "good faith" (meaning you weren't trying to cause harm), you have total civil and criminal immunity. This is the core of the **Good Samaritan Law**. Even if you make a mistake while giving first aid, the law protects you because your intention was to save a life.

2. Do I have to pay for the ambulance I called?

No. Government ambulances (102/108) are free. If a private ambulance shows up, the hospital is responsible for the billing as part of the emergency stabilization. You, as the bystander, are never liable for these costs.

3. What if I am under 18? Can I still help?

Yes. The law doesn't have an age limit for being a hero. However, if you are a minor, it is better to call 112 first rather than trying to move a victim yourself, just to ensure you stay safe. The police/hospital must treat you with the same respect and anonymity as an adult.

4. Is there really a ₹5,000 reward for helping?

Yes. The Ministry of Road Transport and Highways (MoRTH) has a scheme where "Good Samaritans" who save a life in a road accident can receive a **₹5,000 reward** and a certificate of appreciation. The police or hospital is supposed to inform the District Magistrate, who then clears the payment. You can ask the hospital for the "Good Samaritan Acknowledgement" to start this process.

5. Can I report a crime through WhatsApp or Email?

Under **Section 173 of the BNSS**, you can provide information about a crime electronically (e-FIR). However, the law says you (the informant) must sign the record within **three days** for it to be treated as a formal FIR. Many states like Delhi, UP, and Karnataka have specific apps for this—check your state police website.

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