Actus Reus
/ˈæktəs ˈriːəs/
Latin Legal Term
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Definition
The guilty act — the physical element of a crime. Latin for 'guilty act.' Must be voluntary and cause the prohibited harm.
Jurisdiction: InternationalEtymology
Latin: actus 'act' + reus 'guilty person'. Complements mens rea in criminal liability doctrine.
Examples
Case Study
In R v. Speck (1977), a child placed their hand on the defendant's groin and the defendant failed to remove it. The Court held that the actus reus can be constituted by a continuing act combined with mens rea formed during the act — one need not form the guilty mind at the precise moment the act begins. In the Indian context, Section 32 IPC clarifies that 'acts' include omissions to act, broadening the actus reus in Indian criminal law.
Key Cases
Ratanlal v. State of Punjab
1965AIR 1965 SC 444
Discussed the requirement of a voluntary act for criminal liability under Indian Penal Code. Involuntary acts cannot satisfy actus reus.
View on Indian Kanoon →R v. Miller
1983[1983] 2 AC 161
Defendant fell asleep with a lit cigarette, woke to find fire, and did nothing. Held: the entire course of conduct — including the failure to act — constituted the actus reus of arson.
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