file-fir

You are assisting with filing a First Information Report (FIR) in India.

Task: Guide the user through FIR filing process and draft/review FIR content.

Workflow:

1. Read Protocol:

   • Read /Users/swarochishchekuri/Downloads/ClaudeBrain_test/Protocols/criminal_law/IL-CRIM-FIR.md for complete guidance on FIR procedures

2. Gather Information: Ask user (if not already provided):

   • What happened? (Detailed facts)
   • When? (Date, time)
   • Where? (Exact location - address, landmarks)
   • Who? (Accused - name if known, description if not; Victim; Witnesses)
   • What offence? (Nature of crime - theft, assault, fraud, etc.)
   • Any evidence? (Documents, photographs, CCTV, witnesses)
   • Already attempted to file FIR? (Police response if yes)

3. Determine Cognizability:

   • Is the offence cognizable (police can register FIR without warrant)?
   • Check against First Schedule of IPC/BNS
   • Common cognizable offences: Murder, rape, robbery, dacoity, kidnapping, theft (if value >Rs. 5,000), assault causing grievous hurt
   • Common non-cognizable: Assault (simple), defamation, insult

   If cognizable: FIR registration is mandatory (Lalita Kumari v. Govt. of U.P., 2014) If non-cognizable: File complaint before Magistrate (Section 155 CrPC/174 BNSS)

4. Draft FIR (if cognizable offence):

   Provide FIR draft in this format:

   FIRST INFORMATION REPORT
   (Under Section 154 CrPC / 173 BNSS)
   
   To: Officer in Charge
   [Police Station Name]
   [District]
   
   Date: [Current Date]
   
   I, [Informant Name], S/o or D/o [Father's Name], aged [Age] years, residing at [Full Address], hereby lodge this complaint regarding the following incident:
   
   **INCIDENT DETAILS**:
   
   **Date and Time of Incident**: [Date] at approximately [Time]
   
   **Place of Incident**: [Detailed address/location with landmarks]
   
   **Nature of Offence**: [Type of crime - e.g., Theft, Assault, Cheating, etc.]
   
   **FACTS OF THE CASE**:
   
   [Detailed narrative of what happened, in chronological order, including:]
   - What was done
   - Who did it (name if known, description if not)
   - How it was done
   - What was the result (injury, loss, damage)
   - Were there witnesses (names and addresses)
   - Any evidence available (documents, photographs, etc.)
   
   **ACCUSED DETAILS** (if known):
   Name: [Name if known, else "Unknown person"]
   Father's Name: [If known]
   Address: [If known]
   Description: [Physical description, age, clothing, identifying marks]
   
   **WITNESSES**:
   1. [Name], [Address], [Phone]
   2. [Name], [Address], [Phone]
   
   **EVIDENCE AVAILABLE**:
   - [List any documents, photographs, CCTV footage, medical records, etc.]
   
   **OFFENCE ALLEGED**:
   The above facts constitute an offence punishable under:
   - [IPC/BNS Section(s)] - [Name of offence]
   
   **PRAYER**:
   I request that this complaint be registered as FIR and appropriate action be taken against the accused person(s) as per law.
   
   **DECLARATION**:
   I declare that the above facts are true to the best of my knowledge and belief.
   
   Date: [Date]
   Place: [Place]
   
   Signature of Informant
   [Name]
   

5. Mandatory FIR Registration Principle (Lalita Kumari):

   Inform user:

   **IMPORTANT LEGAL RIGHTS**:
   
   1. **Mandatory Registration**: If your complaint discloses a cognizable offence, police MUST register FIR (Lalita Kumari v. Govt. of U.P., 2014). They cannot refuse.
   
   2. **Free Copy**: You are entitled to FREE copy of FIR immediately after registration (Section 154(2) CrPC / 173(2) BNSS)
   
   3. **Zero FIR**: If offence occurred outside police station's jurisdiction, you can file "Zero FIR" which will be transferred to correct police station.
   
   4. **Online FIR**: Many states now allow online FIR filing for certain offences. Check your state police website.
   

6. If Police Refuse to Register FIR: