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MVA 1988 (Amended 2019)ORIGINALChapter V

Section 134

Duty of Driver in Case of Accident and Injury to a Person

Control of Traffic
Fine: ₹5,000Compoundable: NoEndorsement: Yes
BARE ACT PROVISION

Legal Text

The driver of a motor vehicle involved in an accident of the nature referred to in sub-section (1) 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 hospital, or by any other means; (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 accident at the nearest police station as soon as possible.

Simplified Explanation

Section 134 creates the driver's legal duty after an accident causing injury or death — establishing specific obligations that make 'hit-and-run' (fleeing the scene) a criminal offence under Section 187. The duties are: (1) stop the vehicle; (2) take reasonable steps to get medical help for injured persons — which may include transporting them to the nearest hospital; (3) give information to police or report to the nearest police station as soon as possible. The 2019 Amendment added protections for Good Samaritans — persons who stop to help accident victims cannot be harassed by police, hospitals must provide emergency treatment without bureaucratic delay, and Good Samaritans are protected from civil and criminal liability for assistance given in good faith. This was a critical legislative intervention — the fear of police harassment had been a significant deterrent to bystander assistance, leaving accident victims to die without help. The mob fury exception acknowledges the real phenomenon of crowd violence against drivers in accident situations.

Historical Context

Hit-and-run accidents cause a significant proportion of India's road fatalities — many victims could survive if given timely medical attention. The cultural phenomenon of mob justice at accident scenes (bystanders attacking drivers involved in accidents) contributed to drivers fleeing. The 2019 Amendment's Good Samaritan provisions and the hit-and-run compensation scheme (Section 161) represent a comprehensive policy response.

Critical Changes

Good Samaritan protection added by 2019 Amendment — person who stops to help accident victims protected from police harassment.

Hospitals must provide emergency treatment without demanding documentation or police FIR.

Hit-and-run compensation: ₹2 lakh (death), ₹50,000 (grievous hurt) — Section 161 as amended.

Section 187 penalty: ₹5,000 or 6 months imprisonment (increased from earlier ₹500).

Practical Scenarios

"A driver who knocks someone down and drives away — Section 134/187: hit-and-run, ₹5,000 + 6 months."
"A driver who stops after an accident and takes the injured person to hospital — fully compliant with Section 134."
"A mob attacking a driver after an accident — mob fury exception in Section 134 may apply if driver flees for safety."

Common Queries

Under Section 134: (1) Stop the vehicle; (2) Help the injured person reach medical care; (3) Report to the nearest police station if no officer is present. Do NOT flee the scene — this is a hit-and-run offence under Section 187.
Under Section 187 MVA: up to 6 months imprisonment and/or ₹5,000 fine for failing to stop, help, or report. Separately, BNS Section 106 (causing death by negligence) may also apply for accident deaths, carrying up to 10 years for hit-and-run causing death.
Good Samaritans (bystanders who stop to help) are protected under Section 134A and the Good Samaritan guidelines issued by MoRTH. A Good Samaritan cannot be detained by police, cannot be forced to be a witness, and the hospital must provide emergency treatment without demanding information from the helper.