3. Injured persons to
be treated on priority basis.
by the police.
5. Consent of
relatives not required in certain cases.
6. Shifting of an
injured person to another hospital.
7. Hospitals to be
8. The injured person
not to be taken to a police station.
9. The person
bringing the injured person to hospital not to be harassed.
10. Awareness campaign.
12. Cognizance of
14.Rule making power.
INJURED PERSONS (MEDICAL AID) ACT, 2004
(XII of 2004)
[16 December 2004]
An Act to make provisions for medical aid
treatment of injured persons.
WHEREAS there is misconception about the
law and procedure with regard to medical aid and treatment of injured
persons before completion of medico-legal formalities;
WHEREAS due to this misconception the
medical aid and treatment of injured persons is very often delayed and many
casualties have occurred because of delayed treatment;
AND WHEREAS it is necessary to make
provisions for medical aid and treatment of injured persons to save their
lives and protect their health during emergency;
It is hereby enacted as follows:-
1. Short title, extent and commencement.–
(1) This Act may be called the Injured Persons (Medical Aid) Act, 2004.
(2) It extends to the whole of
(3) It shall come into force at once.
In this Act, unless there is anything repugnant in the subject or context,–
means a medical practitioner registered under the Medical and Dental Council
Ordinance, 1962 ( XXXII of 1962);
“Government” means Government of the Punjab;]
means a hospital notified under section 7; and
person” means a person injured due to traffic accident, assault or any other
cause who is in need of an immediate treatment.
3. Injured persons to be treated on
priority basis.– Where an injured person is
brought to a hospital, he shall be provided medical aid without delay on
priority basis over all other medico-legal formalities.
Non-interference by the police.–
No police official or officer shall interrupt or interfere during the period
an injured person is under treatment in a hospital except with the written
permission of the Incharge of the hospital:
Provided that such
permission shall not be given unless it is necessary in connection with an
investigation which may be carried out in the hospital so long as the
injured person is under treatment.
Consent of relatives not required in certain cases.–
Where an injured person requires emergency treatment or operation, the
doctor treating or operating the injured person need not wait for the
consent of the relatives:
Provided that if the relatives are present it would be preferable that such
treatment or operation may be carried out with the consent of such
6. Shifting of an injured person to
another hospital.– (1) An injured person
shall not be shifted from a hospital until he is stabilized or the requisite
treatment is not available in such hospital and while shifting him to
another hospital, the doctor concerned shall complete the relevant documents
with regard to the clinical conditions of the patient and hand over such
documents to the concerned doctor of the receiving hospital.
(2) The record referred to in
subsection (1) shall be maintained by the referring hospital as well as the
receiving hospital and the incharge of the hospital shall be responsible for
ensuring that such record is kept in a safe custody where it cannot be
Provided that where
necessary an injured person shall not be shifted unless he is accompanied by
a doctor of the referring hospital.
7. Hospitals to be notified.–
The Government shall, by notification in the official Gazette, notify the
Government hospitals having in-patient beds and also having facilities to
deal with the emergencies to provide medical aid and treatment to the
Provided that in areas where above
referred facility is not available a rural health center established by a
Government or a local government in that area having facility to deal with
the emergencies, may be notified a hospital for the purposes of this Act.
8. The injured person not to be taken to
a police station.– (1) Under no circumstances an injured person be taken
to a police station before necessary medical aid and treatment is given.
The police officer is bound to ensure that the injured person is treated in
a hospital as provided in this Act before any medico-legal procedure is
undertaken. The police officer shall not in any way influence the doctor or
to give any opinion about the type and details of injury of the injured
9. The person bringing the injured person
to hospital not to be harassed.– The person who on humanitarian basis,
in particular in traffic accident cases, brings an injured person to a
hospital shall not be harassed and shall be shown due respect and
acknowledged for helping the injured. He should be allowed to leave the
hospital after taking down his name, address, telephone number and he shall
provide a copy of his National Identity Card within three days; if the same
is not immediately available with him or any other proof to the satisfaction
of Incharge of the hospital:
Provided that nothing herein contained
shall absolve the person bringing an injured person to hospital from any
liability under any law for the time being in force for causing injury to
10. Awareness campaign.–
An awareness campaign shall be carried out regularly to educate the public,
medical professionals and the police about medico-legal procedures.
Whoever contravenes or violates the provisions of this Act or the rules made
there under shall be punishable with imprisonment which may extend to two
years, or with fine not less than ten thousand rupees, or with both, in
addition to any other penalty to which he may be liable under any other law
for the time being in force:
Provided that where penalty of fine is
imposed half of such fine shall be paid to injured person or his heirs, as
the case may be, as compensation:
Provided further that the Court may
direct the Medical and Dental Council under the Medical and Dental Council
Ordinance, 1962 (XXXII of 1962) to cancel the registration of a doctor
convicted by the Court.
12. Cognizance of cases.–
(1) No Court shall take cognizance of a case
under this Act, except upon a complaint made by an officer authorized in
writing in this behalf by the Government.
(2) The Government shall notify
authorized officers under sub-section (1) within thirty days of the
commencement of this Act.
The Government may issue instruction from time to time to carry out the
purposes of this Act and the defaulting doctor or the police official or
officer shall be liable to disciplinary action for contravention of such
instructions, besides the penalty to which he may be liable under section
Rules making power.– The Government may make
rules to carry out the purposes of this Act.]
Act of Majilis-e-Shoora
(Parliament) received the assent of the President on 8th
December, 2004 and was published in Gazette of Pakistan, Extraordinary,
Part I, on 16th December, 2004.
This Act was
originally in the Federal ambit, however, the subject on which this law
was enacted devolved to the provinces by virtue of 18th Amendment in the
Constitution, hence it was adapted, with amendments, for the province of
the Punjab by the Injured Persons (Medical Aid) (Amendment) Act 2012
(III of 2012).
for the word “Pakistan”
by the Injured Persons (Medical Aid) (Amendment) Act 2012 (III of 2012).
by the Injured Persons (Medical Aid) (Amendment) Act 2012 (III of 2012).