What should you do, when an accident happens in front of you? One of my face book friends posed the following question with anxiety, seeking answer from me:- “Sri Ramkumar. Aug 22nd, 9:58pm Sir did police enquiry me if i helped any accident person and also tell about the way that i want to help an accident person”. When any accident occurs in front of you, most of the citizens feel very sad, feel pity for the injured, but not dare to go near the bleeding victim struggling for life, fearing victimisation and harassment from the Police as a witness and not ready to face prolonged Court procedures and also not ready to earn the wrath of the accused. In such a situation, is it not your duty to help the victim struggling for life in getting golden hour medical treatment to save the precious human life? If you or your kith and kin happen to be in such a situation and if the witness or passersby neglect to give you assistance in taking timely medical treatment, how would you feel? What Law says? What are your duties in such a situation? As per Section 39 of the Code of Criminal Procedure of India, every citizen is bound to inform the Police about the commission of certain offences and intentional failure of which is liable under the Indian Penal Code. In certain Countries, like France, if a person witnesses an accident, he is bound by Law to give information to concerned authorities and take all reasonable steps for treating the victim; otherwise he is punishable. But, giving information to the police and assisting in sending an injured for medical treatment is not made mandatory in India and one is not bound by Indian Law to give such information and any failure of which is not made punishable. Though a person in India is not legally bound to take such steps, he is morally bound to give information to the Police and give assistance to the victim. He may inform the Police and medical authorities either through phone or by sending a message and wait for the arrival of the Police and ambulance to the scene of accident. He may note down the vehicle particulars including the Registration number and the driver who drove such vehicle and if possible to take a photograph immediately by utilising his smart phone or other gadget. He may assist the victim by arranging any vehicle for taking him to any nearby hospital for timely treatment. If the victim is seriously injured, he may try to give some first aid, if he is familiar with the procedures and to ensure that the situation is not aggravated by his wrong doings. He may wait for the arrival of the Police and furnish all the information about the occurrence. He may be subsequently cited as a witness in this case and is bound to depose in a court of Law and has to be paid the reasonable expenses incurred for attending Court. In ideal situations, a witness will be required to attend Court only once for giving his evidence and if his evidence is not over in a particular day, it may prolong to one or more hearings. To make a citizen feel very comfortable with the Police in such situations is very much in the hands of the Police. Their attitude is to change, their arrogance is to transform into politeness; then only public will feel comfortable and come forward to give information and assist the Police voluntarily. It only can be dreamt of for the time being. Senior Police Officers always try to inculcate politeness with the subordinate officers, who require intense and continuous training for such a transformation. My dear friends! Let us not throw the blame entirely upon the Police only. If the Police are to be blamed, then society is also to be blamed; If Police is to be transformed, then the society is also to be transformed, because it is the same society from which such a Police Officer is recruited. Let us do our moral duty of saving an accident victim, without turning a blind eye. Let us be responsible citizens. Let us not wait to bring legislations to compel us to discharge certain life saving duties. V. Sithannan, B.Sc., M.L., CC & IS., Formerly Deputy Commissioner of Police, Chennai and Superintendent of Police & Principal, Tamil Nadu Police Academy and practicing Advocate, Madras High Court.
Posted on: Sat, 23 Aug 2014 15:52:43 +0000
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