Burglary
Definition
The offence of entering a building or structure without authorisation with intent to commit an offence inside. Distinguished from theft by the trespass element. In English law, defined under the Theft Act 1968; in India under the Bharatiya Nyaya Sanhita 2023 (Sections 305 to 307).
- Element
- Unauthorised entry with intent to offend
- Distinguishing feature
- Trespass element, unlike theft
- UK basis
- Theft Act 1968
- India basis
- BNS 2023, Sections 305-307
- Field
- Property crime law
Common questions
How does burglary differ from simple theft in law?+
Theft is the taking of property itself, while burglary is defined by the unlawful entry into a building or structure with intent to commit an offence inside, so liability can arise even if nothing is taken.
Does burglary require the intended offence inside to actually be committed?+
No, in most jurisdictions the offence is complete once entry is made with the requisite intent, whether or not the intended theft or other crime is carried out.
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