LEGAL PRINCIPLES OF BURGLARY INSURANCE

Principles of Insurance

Insurance:It may be described as a social device to reduce or eliminate risk of life and property. Under the plan of insurance, a large number of people associate themselves by sharing risk through contributing small premiums attached to individuals. The risk can be insured against Life, Fire, Marine, Motor Vehicle, & burglary. Any risk contingent upon these may be insured against at a premium commensurate with the risk involves.

Law and Contract of Insurance: The general principles of law of contract are applicable to the law of Insurance. The contract of Insurance is between two parties whereby one party called Insurer or under writer who under takes the risk in consideration for a fixed sum called premium to pay the other party known as Insured or Policy Holderupon the happening of an uncertain event. Insurance is a contract whereby, in return for the payment of premium by the insured, the insurers make good the losses suffered by the insured as a result of the occurrence of unforeseen events.

An insurer is a company selling the insurance, an insured or policyholder is the person or entity buying the insurance.

Contract of indemnity: The very foundation for law of insurance is that the contract of insurance in any insurance policy is one indemnity and in case of any loss against which the assured has been insured against, he shall be fully indemnified.  This is the fundamental rule governing the principal rule of insurance and any contention challenging the validity of this rule and denying the assured party indemnity will have to be disregarded and set aside.Therefore all policies of insurance in general contract of indemnity. The character of property insured or the risk inherent on the property are of no consequence.  The insurers are only liable to indemnify the insured as per the value of property at the time of policy was taken out. However, there are some exceptions in this rule. In case,  the insurer agree to pay a fixed sum insured on the happening of a given event for which the insurance policy was taken out irrespective of whether the assured suffers a loss or not then the insurance policy ceases to be a contract of indemnity.

Contracts of burglary insurance are generally contracts of indemnity.  This is because the loss caused in case of burglary can generally be ascertained. However, this may not always be the case.  If the contract stipulates that the insurer agrees to pay a fixed sun irrespective of the amount of loss caused to the assured, it will not be a contract of indemnity.  If such case a clause added to an insurance policy, it is more beneficial to both parties, since, the insurer is hedging his risks against the big losses and the insured is getting a fixed sum on every loss thus giving him security. Therefore, a contract of indemnity can be defined as an insurance policy in which the value of the property is decided fore hand and is binding against both the assured and the insurer.

Meaning and Definition of Burglary The word burglar comes from the two German words burg, meaning “house”, and  laron, meaning “thief” (literally “house thief”).The  Latin word burgare, “to break open” or “to commit burglary”, from burgus, meaning “fortress” or “castle”, with the word then passing through French and Middle English, with influence from the Latin latro, “thief”.   It is also called breaking and enteringand sometimes housebreaking,is an unlawful entry into a building or other location for the purposes of committing an offence. Usually that offence is theft, but most jurisdictions include others within the ambit of burglary. To engage in the act of burglary is to burgle in British English, a term back-formed from the word burglar, or to burglarize in American English.

Legal Law of Burglary It can be either actual, such as by forcing open a door, or constructive, such as by fraud or threats. Breaking does not require that anything be “broken” in terms of physical damage occurring. A person who has permission to enter part of a house, but not another part, commits a breaking and entering,  when they use any means to enter a room where they are not permitted, so long as the room was not open to enter.Entering can involve either physical entry by a person, or the insertion of an instrument to remove property. Insertion of a tool to gain entry may not constitute entering by itself and there must be a breaking and entering for common-law burglary. Breaking without entry or entry without breaking is not sufficient for common-law burglary and the common law required that “entry occur as a consequence of the breaking” House includes a temporarily unoccupied dwelling, but not a building used only occasionally as a habitation.

It is the intention to break into a building without any consent with the intent of committing a crime inside. Burglary can be considered as specific intention of burglar who intentionally entering to building to commit a crime. Burglary is also called breaking or entering or housebreaking. This breaking can include actions such as forcing opening a door, or constructive, such as by fraud or threats.  It is an unlawful entry into a building or any other location with an intention of committing an offence. Mostly this offence is theft, but sometimes may jurisdictions include others within the ambit of burglary.

It is for the sake of insurance, burglary is something that occurs when your house or office is broken into by force. For instance, the breaking in of a door or a window to get inside the premises is all signs that the house or office was burgled and robbed. It is also the entering of the property of another with intent to commit a crime therein.

The insurance policies are taken against the loss of burglary, theft have an exhaustive definition of burglary in their respective contracts, but in the absence of precise definition under the law of insurance, recourse must be taken to criminal law to define burglary in terms of THEFT and it is an standard rule of interpretation if technical terms are used in a legal document then they have to be given the special meaning otherwise they have to be given their natural grammatical tendency. To constitute a loss within the meaning, of the policy, it is also a necessary stipulation that the burglary or theft has occurred in order to deprive the assured of the property or valuable permanently. A temporary loss of property would not entitle the assured to recover the value of the property although it may be a criminal offence.

Elements of Burglary

Burglary is the illegal entry of a building with intent to commit a crime, especially theft. Though burglary often involves theft, theft doesn’t have to be committed to be charged with this crime. Entering into a building with the intention of committing a crime is sufficient to be charged with burglary. A person doesn’t have to enter a building forcibly to commit a burglary, entering through an unlocked door or window can also be viewed as burglary.

In the case of theft, burglary usually involves a thief entering a house while the victims are not present and steal their property. If a thief enters your house and steals your valuable when you are absent, it can be termed as a burglary. This type of crime does not involve violence.

Each state has specific definitions of what constitutes burglary, their statutes defining certain elements of burglary that must be in place for an individual to be charged with the crime andsuch elements generally include:

(1) Unauthorized entry, (2) into a structure,(3) with intent to commit a crime.

Unauthorised Breaking and Entry:

• This element of burglary involves a person breaking into or entering a structure using force or without authorization from the owner. Simply creating an access does not fulfil the breaking and entry element, as the offender must physically enter the structure. Even forcibly placing one body part inside the structure can constitute burglary, as this constitutes physical entry.

Into a Structure

• This element of burglary requires the offender to enter housing, buildings, or other types of structures, including garages or sheds. Most states do not include abandoned buildings under the definition of buildings and structures when considering burglary charges. Most often, entering an abandoned building is classified as trespassing.

Intent to commit a crime

• The intent element of burglary requires the offender to have intent to commit a crime inside the structure they have entered. Such a crime may include anything from theft or fraud, to assault.

Aggravated burglary it is the same as a regular burglary, except for one key difference and it means, if an individual breaks into a home with the intent to steal or sexually assault someone, this is enough for the individual to charge with aggravated burglary.

Night time: It is defined as hours between half an hour after sunset and half an hour before sunrise.

Typically this element is expressed as the intent to commit a felony “therein”. The use of the word “therein” adds nothing and certainly does not limit the scope of burglary to those wrongdoers who break and enter a dwelling intending to commit a felony on the premises. The situs of the felony does not matter, and burglary occurs if the wrongdoers intended to commit a felony at the time they broke and entered.

Theft: In common usage, theft is the taking of another person’s property or services without that person’s permission or consent with the intent to deprive the rightful owner of it.The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, library theft, and fraud (obtaining money under false pretences).  In some jurisdictions, theft is considered to be synonymous with larceny, in others, theft has replaced larceny. Someone who carries out an act of or makes a career of theft is known as a thief. The act of theft is also known by other terms such as stealing, thieving, and filching.

You may have visitors and helps commonly visiting your house. Although they may not intentionally steal anything, but there is every bit of a possibility that some household items may be lost – valuable and not valuable. In case of not so valuable items, say daily-use utensils, the concern may not be much. But, what if you lose a valuable diamond ring and such a loss could be a theft during the normal course of activity in your house. You may discover such a loss over time and not instantly. Such losses are not covered under the insurance policy as it is not treated as burglary.

It means a person committing the crime had access to the house or its valuables. For example: you may have dropped the keys of your house near the door and come back home to discover your jewellery stolen. This is more a case of negligence. (The insurer could say that you should have kept the keys safely. The reason why insurers don’t cover theft is because it is difficult to administer and often can be due to negligence or theft inside the house is assumed to be negligence by the insurer and is hence not covered. The reason why insurers do not service such claims is because of the difficulty of ascertaining the loss due to negligence or actually the intentions of someone to actually steal and rob the owner. Some insurers do offer additional add on theft cover.)

Taxes are being legalised in other form of theft and is no difference than executing criminals being legal and taxes are not theft, but it is a penalised price we are paying for well-being in a civilised society.

Aggravated form of theft: Robbery and Dacoityis also falls within the ambit of burglary definition, since they are aggravated form of theft

Limitations of Theft Insurance

Every insurance policy has some limitations and a theft insurance policy will not offer compensation for the following items or you will need to buy it as an add-on cover.

The limitations may vary from one insurance provider to another, but does not cover:

• Precious metals such as gold, silver, precious stones, gems and cash
• By Involvement of family members or items that were stolen by them
• Stealing of share certificates is also not covered
• Things that were robbed by any of the employees
• Things that were robbed by housemaids
• Theft during riots, war, strikes, natural calamities, and terrorist activities
• stocks whose value will vary as per the market conditions,
• Theft conducted on the premises that were left unattended
• Theft conducted on the premises that were not properly locked
• Premises where security is not maintained
• Forged theft to claim benefits from a theft insurance policy
• Robbery and Dacoity also falls within the scope of burglary, since, they are also aggravated form of theft.
• In the case of theft, burglary usually involves a thief entering a house while the victims are not present and steal their property. This type of crime does not involve violence.

Definitions, meanings and offences relates to property and others in the Indian penal code:

Indian Penal code Section 378 defines Theft as :   “Whoever, intending to take dishonestly any moveable property out of the possession of any person without the consent of that person, moves that property in order to such taking, is said to committing a theft.”  Punishment for theft under criminal law is whoever commits theft will be punished with an imprisonment of either described for a term which may extend to 3 years, or with fine, or with both the punishments.  Theft can be considered as generic term for all the crimes in which a person intentionally takes the personal assets without the permission of owner. Theft simply means taking something from someone else with an intention to permanently deprive them of it. Frauds, Embezzlement are examples of theft.

Indian penal code section 378: Theoffence is defined in this section and it relates only to movable property. Thus it can be said that the immovable property cannot be made a subject-matter of theft. But sometime the property which is immovable, after it is taken out from the earth can be stolen, for example a tree so long attached to earth cannot be made a subject of the offence of theft is complete. This term is defined as : whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent moves that property in order to such taking, is said to commit theft.

 Section 379 in the Indian Penal Code. Punishment for theft.—whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Section 380 in the Indian Penal Code Theft in dwelling house Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 381 in the Indian Penal Code Theft by clerk or servant of property in possession of master.—Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 382 in the Indian Penal Code Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft.—Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 383 in the Indian Penal code:Extortion:whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits “extortion”.

Section 384 in the Indian penal code: Punishment for extortion:—whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Main ingredients of the offence are-

• Intentionally putting a person in fear of injury to himself or another: and
• Dishonestly inducing the person so put in fear to deliver to any person any property or valuable security.

The distinction between theft and extortion is:

(a)In extortion the consent is obtained and in theft no consent is required,

(b) In extortion both the property movable or immovable may be the subject matter, but in theft only movable property can be stolen,

(c) in extortion the delivery is there by inducing fear while in theft the thief takes away the property without getting delivery from the owners and lastly,

(d) In extortion the overpowering of the will of the will of the owner exists. While in theft the element of force is absent.

Section 385 in The Indian Penal Code: Putting person in fear of injury in order to commit extortion. Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 386 in The Indian Penal Code: Extortion by putting a person in fear of death or grievoushurt.—whoever commits extortion by putting any person in fear of death or of grievous hurt o that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 387 in The Indian Penal Code:Putting person in fear of death or of grievous hurt, in order tocommit extortion.—Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 388 in The Indian Penal Code  Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.—Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with 1[imprisonment for life], or with imprisonment for a term which may extend to ten years or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 389 in The Indian Penal Code  Putting person in fear of accusation of offence, in order tocommit extortion.—Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 390 in the Indian penal code:Robbery as: – in all robbery there is either theft or extortion.

When theft is robbery.—Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

When extortion is robbery.—Extortion is “robbery” if the offend­er, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Robbery involves either theft or extortion.

(a) If in order to the committing of theft; or

(b) In committing the theft; or

(c) In carrying away or attempting to carry away property obtained by theft;

(d) The offender for that end i.e. any of the ends contemplated by (a) to (c);

(e) Voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt or instant wrongful restraint. In other words, theft would only be robbery if for any of the ends mentioned in (a) to (c) the offender voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt or instant wrongful restraint. If the ends does not fall within (a) to (c) but, the offender still causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt or instant wrongful restraint, the offence would not be robbery. That (a) or (b) or (c) has to be read conjunctively with (d) and (e). It is only when (a) or (b) or (c) co-exist with (d) and (e) or there is a nexus between any of them and (d), (e) would amount to robbery;

In all robbery there is either theft or extortion. When theft is robbery.—Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. When extortion is robbery.—Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Explanation.—The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Indian penal code section 391The offence of Dacoity:  is defined  as when five or more persons conjointly commit or attempt to commit robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amounts to five or move every person and aiding such commission in or aiding is said to commit Dacoity’ thus it is clear that it robbery is committed by five or more persons or even it is attempted or aided by that number of persons it will become Dacoity.

It is another form of Robbery. The difference between Robbery and Dacoity lies in the number of participants in committing the offence. In Dacoity there should be 5 or more person. Every member the gang is punished in Dacoity regardless they committed a crime or not. Even if only one member in the gang committed a crime punishments is for all the members.  It is more serious offence than robbery. Punishment for Dacoity is Imprisonment for life or with hard imprisonment for a term which can be extend to about 10 years, and also fine.

(Dacoity.- When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit” Dacoity”.)

Section 392 in the Indian penal code: Thepunishment for the offence of robberymay extend to 10 years of rigorous imprisonment, but if it is committed on a high way between sunrise and for the offence of Dacoity is given in section 395 which says that the offender may be punished with transportation for life or rigorous imprisonment for a term which may extend to 10 years and also be liable to fine.

Section 393 in the Indian Penal Code. “Attempt to commit Robbery”

Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Section 394 in the Indian Penal Code: “Voluntarily causing hurt in committing Robbery” If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting, to commit such robbery, shall be punished with [imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 395 in the Indian penal code: Punishment for Dacoity. Whoever commits Dacoity shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 396 in the Indian penal code:Dacoity with murder– If any one of five or more persons, who are conjointly committing Dacoity, commits murder in so committing Dacoity, every one of those persons shall be punished with death, or imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 397 in the Indian penal code:Robbery or Dacoity, with attempt to cause death or grievoushurt- If, at the time of committing robbery or Dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, so attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.

Section 398 in Indian penal code:Attempt to commit robbery or Dacoity when armed with deadlyweapon.- If, at the time of attempting to commit robbery or Dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.

Section 399 in the Indian Penal code:Making preparation to commit Dacoity. – Whoever makes any preparation for committing Dacoity shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 400 in the Indian Penal Code:Punishment for belonging to gang of dacoits.—Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing Dacoity, shall be punished with imprisonment for life or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 401 in the Indian Penal Code Punishment for belonging to gang of thieves.—Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Section 402 in the Indian Penal code:Assembling for purpose of committing Dacoity.- Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing Dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Section 403 in the Indian Penal code: Criminalmisappropriation of property. Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment which may extend to 2 years or with fine or both.

404 Section  in the Indian Penal Code:  Dishonest misappropriation of property possessed bydeceased person at the time of his death.—Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to seven years.

Section 405 in the Indian Penal Code: Criminal breach of trust.—Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”

Section 406 in the Indian Penal Code : Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Section 407 in the Indian penal code: Criminal breach of trust by carrier—Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 408 in the Indian Penal Code: by Criminal breach of trust clerk or servant.—Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 449 in the Indian Penal Code: House-trespass in order to commit offence punishable withdeath.—Whoever commits house-trespass in order to the committing of any offence punishable with death, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine.

Section 450 in the Indian Penal Code: House-trespass in order to commit offence punishable withimprisonment for life.—Whoever commits house-trespass in order to the committing of any offence punishable with 1[imprisonment for life], shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

Section 451 in the Indian Penal Code:House-trespass in order to commit offence punishable withimprisonment.—Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.

Shoplifting

 The essential elements of shoplifting are:

• Wilfully taking possession of or concealing unpurchased goods that are offered for sale
• With intention of converting the merchandise goods to the taker’s personal use without paying the purchase price.
• Possession or concealment of goods typically encompasses actions both on and outside the premises.
• The action of stealing goods from a shop, whilst pretending to be a legally entered customer into ashop.
• Theft of merchandisesfrom a shopping establishment or business establishment.

Although, the crime of shoplifting may be prosecuted under general Larceny statutes, most jurisdictions have established a specific category for shoplifting andStatutes vary widely,

Concealment is a kind of theft and is generally understood in terms of common usage such as, covering an object to keep it from sight constitutes concealment and it is a kind of known methods of hiding an object from a shop owner. A shopper’s actions and demeanour in the store, lack of money to pay for merchandise and the placement of an object out of a retailer’s direct view are all examples of Circumstantial Evidence that may establish intent.Shoplifting costs businesses huge losses every year and to enable store owners to recoup some of their losses, and only remedy for the same, we must enacted civil recovery or civil demand statutes. These laws enable retailers to seek restitution from shoplifters. Criminal prosecution is not a prerequisite to a civil demand request.

LEGAL DIFFERENCE BETWEEN BURGLARY, THEFT AND ROBBERY

While an insurance policy offers financial protection in case of damage due to natural calamities, it also compensates you if somebody breaks into your house and steals your valuables. Burglary is a real threat and it is good that your insurance covers it. But you must go through the insurance policy’s details to know how it defines burglary. While you may use the words burglary and theft interchangeably, the two have a different meaning in law and this distinction is observed by the insurers too. Burglary, by definition, involves a break-in through violent or forcible means. So if a person breaks a window to get into the house or break open your cupboard to steal, it is considered burglary. Usually, insurance covers burglary but not theft. However, the term burglary is not defined in the penal code.

Since both robbery and burglary are associated with theft, however, there is a distinct difference between robbery and burglary. Robbery is an attempt to take someone else’s property by using force or intimidation. Burglary is the entrance to a building or structure with the intention of committing a crime. This is the main difference between robbery and burglary.

Robbery can be defined as an individual’s attempt to take someone else’s property by using intimidation, threat or force. Robbery, like theft, involves taking someone else’s property without permission, but it also involves some other factors. Theft is named a robbery if a person uses violence, force, or intimidation to scare or hurt the owner or user of the property. So, a victim or multiple victims (as in the case of bank robberies) must be present for a robbery to take place. A robbery is a violent crime. An armed robbery is a robbery which involves the use of a weapon.

Aggravated robbery: Itinvolves the use of a deadly weapon and In the case of theft; burglary usually involves a thief entering a house while the victims are not present and steal their property. If a thief enters your house and steals your valuable when you are absent, it can be termed as a burglary. This type of crime does not involve violence.

While these terms may be used interchangeably by some laypeople, there are subtle differences between them in the eyes of the law.

• Theft – Also known as “larceny,” theft is the act of taking someone else’s property without their consent. The offender is generally required to have the intention of depriving the rightful owner of the property permanently. (Theft is a matter of consent or rather not consenting). Theft is a statutory crime which is broader than larceny
• Robbery – A robbery can be defined as an individual’s attempt to take someone else’s property by using intimidation, threat or force. Robbery, like theft, involves taking someone else’s property without permission, but it also involves some other factors. Theft is named a robbery if a person uses violence, force, or intimidation to scare or hurt the owner or user of the property. The act of taking something from another person using force or the threat of force. It is also larceny with the use or threat of force.Robbery is a theft of a property using force or intimidating.
  • It involves intimidating or using force on someone to steal his valuables
  • It takes place when the victims are present.
  • It is a violent crime
• Burglary – It differs from theft and robbery in that it is not necessary for something to actually have been taken, only the intent to do so. It is entering of the property of another with intent to commit a crime therein. Burglary is the illegal entry of a building with intent to commit a crime, especially theft. Though burglary often involves theft, theft doesn’t have to be committed to be charged with this crime. Entering into a building with the intention of committing a crime is sufficient to be charged with burglary. A person doesn’t have to enter a building forcibly to commit a burglary, entering through an unlocked door or window can also be viewed as burglary and is entering a building or structure with the intent of committing a crime.
  • It involves entering without permission with criminal intention.
  • It takes place when the victims are absent.
  • It is not a violent crime

Larceny –is a theft crime. It is a common law of crime. It is the taking of personal property belonging to another with intent to permanently deprive the owner the use of property and stealing of items which can be taken fromone place to another.It is wrongful and fraudulent taking and carrying away by one person of the mere personal goods of another from any place with felonious intent to convert them to his or taker’s use and move them his property without consent of the owner. It is basically a fancy term used to describe one type of theft.

• Burglary or theft is misdemeanour – means,

1 a minor wrong doing

2 a non-indictable offence as less serious than felony

Residential Burglary vs. CommercialBurglary

• Burglary involving an offender entering a home or living space is considered “residential burglary.”
• Entering a store, shop, office building, or other structure used for business purposes with the intent to steal something, or to commit another type of felony, is considered “commercial burglary.” Many people are surprised to learn that scraping price tags off merchandise, removing products from packaging to avoid security devices, and other forms of theft that involve some effort to circumvent security or normally pricing are considered to be “commercial burglary”.

Degrees of Burglary

When all of the elements of burglary are in place, most states categorize the crime by the seriousness of the offense. There are four main degrees of burglary:

• First Degree Burglary

Entering someone’s home with the intent to commit theft or violence is considered first degree burglary. This is a felony charge.

• Second Degree Burglary

It includes the same elements as first degree burglary, with the exception that it applies to entering a commercial building or place of business and may also be charged when the perpetrator entered a building with the intent to commit arson or steal a firearm. This is a felony charge.

• Third Degree Burglary

Entering any structure, whether residential or commercial, with the intent to commit any crime other than theft, violence, or arson, may be considered third degree burglary and as well as felony.

• Fourth Degree Burglary

It defines simply breaking and entering without committing another crime, or simply having the intent to steal something from a building.

Common aspects of burglary;

• The theft of the property following the entry to the said premises by violent and forcible means (or)
• Theft by a person in the premises who subsequently breaks out by violent and forcible means.
• As whoever intending to take dishonestly any kind of movable property/goods/things out of the possession of any person without the consent of that person or of any person not having for that purpose any authority, moves the property in order to such taking is said to be commitment of theft.
• A person is said to commits house breaking/trespass, if he effects his entrance into the house(or any part of it) or if being in the house(or in any part of it) for the purpose of committing an offence, or having committed an offence therein he quit the house, such entrance or exit being made by use of force in any kind of form
• Mere theft without of force and violent forcible entry is not sustainable, but burglary and house breaking falls within the scope of burglary coverage.

Legal aspects of Burglary Insurance:

• (Occupancy)

Where the coverage contains a warranty that the premises shall always be occupied, it does not mean that the premises should at no time be left unattended, but that they should be continuously occupied as a residence and/or not merely used as a lock up shop which is left unoccupied during the business hours.  Similarly, mere going away from the premises to an air raid shelter, for an hour or two/more during an air raid at night does not constitute a breach of warranty.

• (Key clause)

Before/after business hours, a criminal entered into the premises merely by turning the door knob/handle and stole the goods for which a claim was made against the insurer and the court of appeal held  that there had been no forcible and violent entry and therefore no loss within the meaning the risk held covered under the insurance policy . If the keys of the premises had been stolen and used by the criminal go gain to access and steal and the court held that there had been a forcible, but no violent entry.  The word ‘violent’, means that the use of force (which might be minimal) must be accentuated or accompanied by some act, which could properly be regarded as violent and it is not sufficient that the act is unlawful.  Even the use of force and violence need not be against the property and also against the occupants of the premises.

• Breaking of/entering in to the premises;

Breaking into or out of the dwelling or any other premises by a person is said to commit house/premises breaking who commits house trespass, if he effect entry into the premises or any part of it for the purpose of committing an offence or having committed an offence therein/thereto, he quits the premises in any of the following manner and/or ways.

• First: if he enters or quits through a passage made by him or any abetter in the house trespass, in order to committing the house trespass.
• Second: If he enters or quits through any passage not intended by any person, other than himself or an abetter of offence, for human entrance or through any passage to which he has obtained access by scaling or climbing over any wall or building.
• Third: I he enters or quits through any passage which he or any abetter of the house trespass has opened, in order to committing of house trespass by any means by which that passage was not intended of the house to be opened.
• Fourth: If he enters or quits by opening any lock in order to committing of house trespass or in order to quitting of the premises after house/premises trespass.
• Fifth: If he effects the entrance or departure by using criminal force or committing an assault of by threatening of any person with assault.
• Sixth: if he enters or quits by any passage, which he knows to have been fastened against such entrance or departure and to have been unfastened by him or by an abetter of the house trespass.

Conclusion and general legality:

Businesses establishment face various types of theft, including burglary and robbery by outsiders, theft by insiders and identity theft.Language can be sometimes confusing, especially when two words almost mean the same. Theft and burglary are used interchangeably at the time of writing, but when it comes to home or office insurance, the meaning changes completely. While the householder’s insurance covers against burglary, it does not cover the risk of theft.

• Theft: You may have visitors and helps commonly visiting your house. Although they may not intentionally steal anything, but there is every bit of a possibility that some household items may be lost – valuable and not valuable. In case of not so valuable items, say daily-use utensils, the concern may not be much. But, what if you lose a valuable diamond ring? Such a loss could be a theft during the normal course of activity in your house. You may discover such a loss over time and not instantly. Such losses are not covered under the householder’ policy as it is not treated as burglary.
• Burglary: For the sake of insurance, burglary is something that occurs when your house or office is broken into by force. For instance, the breaking in of a door or a window to get inside the premises is all signs that the house or office was burgled and robbed. It generally refers to crimes involving the unlawful entry of a structure with or without force.

Understand the distinction between these two to know when your householder’s and office policy will stand the test of insurance and when your claim will be declined. Theft inside the house is assumed to be negligence by the insurer and is hence not covered. The reason why insurers do not service such claims is because of the difficulty of ascertaining the loss due to negligence or actually the intentions of someone to actually steal and rob the owner. Some insurers do offer additional theft cover, but it is fairly expensive compared to the policy sans this cover.

• Robbery – Robberies involve the taking of valuables from another person(s) by force or threat of force.
• Insider Crime – Many businesses put a great deal of effort into protecting their property from theft by outsiders but neglect to put an equal effort into preventing insider theft.
• Identity Theft – Identity theft occurs when an individual uses someone else’s personal information to commit fraud.

Generally, insurance does not cover loss of theft or shop lifting which are most trades is inevitable and must be regarded as not sustainable or payable under burglary insurance cover.