Page 14 - Supreme Court Good Samaritan Statutory Force of GOI - 12 May 2015
P. 14
14
further questions shall be asked if the Good
Samaritan does not desire to be a witness in the
matter.
2. Examination of Good Samaritan by the Police
i. In case a Good Samaritan so chooses to be a
witness, he shall be examined with utmost care and
respect and without any discrimination on the
grounds of gender, religion, nationality, caste or any
other grounds.
ii. In case a Good Samaritan chooses to be a witness,
his examination by the investigating officer shall, as
far as possible, be conducted at a time and place of
his convenience such as his place of residence or
business, and the investigation officer shall be
dressed in plain clothes, unless the Good Samaritan
chooses to visit the police station.
iii. Where the examination of the Good Samaritan is
not possible to be conducted at a time and place of
his convenience and the Good Samaritan is required
by the Investigation Officer to visit the police station,
the reasons for the same shall be recorded by such
officer in writing.
iv. In case a Good Samaritan so chooses to visit the
Police Station, he shall be examined in a single
examination in a reasonable and time-bound manner,
without causing any undue delay.
v. In case the Good Samaritan speaks a language
other than the language of the Investigating Officer
or the local language of the respective jurisdiction,
the Investigating Officer shall arrange for an
interpreter.
vi. Where a Good Samaritan declares himself to be
an eye-witness, he shall be allowed to give his
evidence on affidavit, in accordance with section 296
of the Code of Criminal Procedure, 1973 (2 of 1974)
which refers to Evidence in Formal Character on
Affidavit.
vii. The complete statement or affidavit of such Good
Samaritan shall be recorded by the Police official
while conducting the investigation in a single
examination.
viii. In case the attendance of the Good Samaritan
cannot be procured without delay, expense or
Page 14