Section 134: Duty of driver in case of accident and injury to a person
Motor Vehicles Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Motor Vehicles Act • Official Statutory Text & Practice Guide
When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall
(a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, [by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities], unless the injured person or his guardian, in case he is a minor, desires otherwise; (b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence; [(c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely: (i) insurance policy number and period of its validity; (ii) date, time and place of accident; (iii) particulars of the persons injured or killed in the accident; (iv) name of the driver and the particulars of his driving licence . Explanation. For the purposes of this section, the expression driver includes the owner of the vehicle.] [134A. Protection of Good Samaritans. - (1) 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.
(2) The Central Government may by rules 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. Explanation. - For the purposes of this section, "Good Samaritan" means 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.]
Legal Commentary & Landmark Judgments: Section 134
Section 134 of the Motor Vehicles Act, 1988 outlines the affirmative statutory duties of a driver involved in an accident, including securing medical aid, reporting to the police, and furnishing insurance information.
The driver is under a mandatory duty to report the accident to the nearest police station within twenty-four hours, and furnish comprehensive details including driver's licence, registration, and insurance particulars to the police and the insurer under sub-section (c). The section interacts directly with Section 134A inserted by the 2019 Amendment, which grants comprehensive legal protection to 'Good Samaritans' who render emergency medical or non-medical assistance to accident victims.
Section 134 shifts the legal culture from hit-and-run evasion to affirmative humanitarian assistance. Failure to discharge Section 134 duties is punishable under Section 187. In criminal prosecutions under Section 106 of the Bharatiya Nyaya Sanhita (BNS) / Section 304A IPC, fleeing the scene without rendering aid or reporting to the authorities severely undermines pleas of accidental misadventure and exposes the driver to aggravated penal liability.