Contents of FIR in case of Burglary Policy? (Burglary)
In one of the our issues we mentioned “ Only intimation to the policy” is required as per terms and conditions of the Burglary Policy as well as theft of Vehicle.
In response to this we received various queries that the Insurer as well as Surveyor insist to File a Fire therefore, kindly suggest “ Under which section of IPC the FIR should be filed and what should be contents of the FIR” . The same is explained as under:
The BHB policy is intended to cover contents of a premises by Burglary and/ or Housebreaking.
It also covers damage to the premises caused by the burglars. It doesn’t cover the RSMD (available on payment of extra premium). “Theft” risk too , is not covered and is provided cautiously by the Insurance Company.
Theft literally means taking away someone’s property without his or her consent.
Though the term Burglary is not defined under IPC but Burglary & House Breaking is defined in the policy “as theft , involving entry to or exit from the insured premises by forcible & violent means. Any act committed by Insured’s employee/family member or by any person lawfully present in the premises, is also not covered.”
The dictionary meaning of Burglary is “ Entry into a building , to commit Theft or cause bodily harm”.
Police may file a FIR in one of the sections namely 445, 378, 380, 381 and 457 of IPC according to their knowledge but “the Insured should ensure that the contents of FIR should include “the forcible entry or exit” in the premises” otherwise the Insurer is inclined to repudiate the claim as the FIR does not meet the definition of the Burglary in the Policy.