INJURED PERSONS ( MEDICAL AID ) ACT, 2004

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THE INJURED PERSONS (MEDICAL AID) ACT, 2004 
(XII of 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 person to hospital not to be harassed 
10. Awareness campaign 
11. Penalty 
12. Cognizance of cases 
13. Instructions 
14. Rule making power 
TEXT 
1
THE INJURED PERSONS (MEDICAL AID) ACT, 2004 
(XII of 2004) 
[16th December, 2004] 
An 
Act 
to make provisions for medical aid and 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 provision s 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 
2
[the Punjab]. 
 (3)  It shall come into force at once. 
2. Definitions.– In this Act, unl ess there is anything repugnant in the s ubject or 
context,– 
(a) “doctor” means a medical practitioner registered under the Medical and 
Dental Council Ordinance, 1962 ( XXXII of 1962); 
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[(b) “Government” means Government of the Punjab;] 
(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 need of an immediate treatment. 
                                                 
1This Act of  Majilis-e-Shoora (Parliament) received the assent of the President on 8 th December, 2004 and was published in 
Gazette of Pakistan, Extraordinary, Part I, on 16th December, 2004, pages 188-191. 
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). 
2Substituted for the words “Pakistan” by the Injured Persons (Medical Aid) (Ame ndment) Act, 2012 (III of 2012); and published 
in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40193-40194, s.2. 
3Section 2 clause (b) is substituted by the Injured Persons (Medical Aid) (Amendment) Act, 2012 (III of 2012) ; and published in 
the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40193-40194, s.3. 
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 or 
interfere during the period an injured person is u nder 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. 
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 to another hospital .– (1) An injured person 
shall not be shift ed 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 pati ent and hand over such document s 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 receiving hospital and the Incharge of the hospital 
shall be resp onsible 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 a hospital for the purposes of 
this Act. 
8. The injure d 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 in jured 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. 
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 which he may be liable under any other law for the time being in 
force: 
Provided that wher e 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 c ourt 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 c ases.– (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. 
13. Instructions.– The Government may issue instruction from time to time to 
carry out the purposes of this Act and th e 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. 
4
[14. Rules making power .– The Government may make rules to  carry out the 
purposes of this Act.] 
                                                 
4Section 14 is substituted by the Injured Persons (Medical Aid) (Amendment) Act, 2012 (III of 2012); and published in the 
Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40193-40194, s.4.