Actus Reus
/ˈæktəs ˈriːəs/
Latin Legal Term
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Definition
Latin for 'guilty act.' The physical element of a crime — the conduct, result, or state of affairs forbidden by criminal law. It includes voluntary acts, omissions where there is a legal duty to act, and situations where mere possession constitutes the offence. Together with mens rea it forms the foundation of criminal liability.
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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