Injured Persons (Medical Aid) Act, 2004

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THE INJURED PERSONS (MEDICAL AID) ACT, 2004 
 
              
 
 
 
 
CONTENTS 
1.  Short title, extent and commencement 
2.  Definitions 
3.  Injured persons to be treated on priority basis 
4.  Non-interference 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 notified 
8.  The injured person not to be taken to a police station 
9.  The person bringing the injured persons to hospital not to be harassed 
10. Awareness campaign 
11. Penalty 
12.  Cognizance of cases 
13.  Instructions 
14. Rulemaking power 
 
 

 
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THE INJURED PERSONS (MEDICAL AID) ACT, 2004 
ACT NO. XII of 2004 
          [15th December, 2004] 
 
An Act to make provisions for medical aid and treatment of injured persons 
 
  WHEREAS there is a 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 i s 
very often delayed and many casualties have occurred because of delayed treatment; 
 
AND WHEREAS it is necessary to make provision 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 Pakistan. 
 
 (3)  It shall come into force at once. 
 
 2. Definitions.___ In this Act, unless there is anything repugnant in the subject or context,___ 
 
(a) “doctor” means a medical practitioner registered under the Medical and Dental 
Council Ordinance 1962 (XXXII of 1962); 
 
(b) “Government” means the Federal Government or a Provincial Government as 
the case may be; 
 
(c)  “hospital” means a hospital notified under section 7; and 
 
(d)  “injured person” means a person injured due to traffic accident, assault or any 
other cause who is in needs 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. 
 
 4. Non-interference by the police.___ No police official or officer shall interrupt o r 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. 
 
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 5. 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 relatives. 
 
 6. Shifting of an injured person t o 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 relevan t 
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 sub-section (1) shall be maintained by the referring hospital as 
well as the r eceiving 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 tampered with: 
 
 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 injured persons: 
 
 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 as 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. 
 
 (2) 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 
person. 
 
 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 such 
person.  
 
 10. Awareness campaign.―An awareness campaign shall be carried out regularly to educate 
the public, medical professionals and the police about medico-legal procedures. 
 
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 11. Penalty.___ 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 w hich 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 th is 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. 
 
 13. Instructions.―The Government may issue instructions 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 11. 
 
 14. Rulemaking power.___ The Federal or Provincial Government, as the case may be, ma y 
make rules to carry out the purposes of this Act. 
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