Act of Theft, Burglary, Robbery and decoity under Insurance Contract

Even though all the four criminal act may look same to us, under Indian Penal Code (IPC) as well as insurance contract they are different acts of crime.

“Theft simply involves taking something from someone else with the intent to permanently deprive him or her of it”.

Subject matter ideally is in the possession of the owner and there is an element of negligence on the part of the owner which results in the act. Theft is an offense under IPC but insurance usually doesn’t cover it on the grounds of morale hazard on the part of the insured that the insured didn’t take proper care of the subject matter insured.

“Burglary on the other hand is the intent to break into a property without consent with the intent of committing a crime inside (including theft). Burglary is called as specific intent crime requiring that the burglar knowingly intend to commit a crime while inside a building.

The offense of theft or burglary becomes “Robbery if the offender, at the time of committing the theft or extortion, put the other person in fear of instant death or of instant hurt, or of instant wrongful restraint”.

The offense of robbery takes the character of “Dacoit when five or more persons commit it conjointly. The words conjointly refer to united or concerted action of the persons participating in the transaction”.

In the case of Burglary, Robbery & Dacoit  there is a criminal intent. The crime is committed with a forced entry and exit. If there is no forced entry and exit then the act may fall under “theft”. In the process of commission of crime the perpetrator may hurt the insured and there may be accomplices.  Insurance contracts cover them as long as there is a forced entry and exit.