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Actus Reus

AK-tus REE-us Latin: 'guilty act'

Definition

The physical element or external conduct of a crime; the wrongful act or omission that, combined with mens rea, constitutes a criminal offence.

Detailed Explanation

Actus reus refers to the external or physical element of a crime, as opposed to the mental element (mens rea). It encompasses the conduct, circumstances, and consequences that constitute the prohibited act defined by criminal law.

In Indian criminal law, actus reus may consist of: 1. An act (commission) - positive physical conduct, such as stabbing in murder 2. An omission (failure to act) - where there is a legal duty to act, such as a parent's failure to provide necessaries to a child under Section 317 IPC 3. A state of affairs - being in a particular condition, such as being found in possession of stolen property

The Indian Penal Code, 1860 carefully defines the actus reus for each offence. For instance, in theft (Section 378 IPC), the actus reus is "moving property out of the possession of any person." The actus reus must be voluntary; acts done under compulsion, automatism, or reflex are not considered voluntary acts.

The principle of actus reus also requires that the act be a proximate cause of the prohibited result. The chain of causation must not be broken by an intervening act.

Essential Elements

  • 1 Voluntary act or omission by the accused
  • 2 Act must be prohibited by law
  • 3 Omission must be in breach of a legal duty
  • 4 Causation between act and prohibited consequence
  • 5 Circumstances surrounding the act as defined by statute

Leading Cases

Empress v. Idu Beg

1881

(1881) ILR 3 All 776

Relevance: Discussed voluntary act requirement in the context of intoxication

K.M. Nanavati v. State of Maharashtra

1962

AIR 1962 SC 605

Relevance: Analyzed the act of shooting in context of provocation and premeditation

Palani Goundan v. Emperor

1920

AIR 1920 Mad 862

Relevance: Established that causing death of person other than intended still constitutes actus reus

State of Orissa v. Khora Ghasi

1978

1978 Cr LJ 1305

Relevance: Discussed causation and actus reus in homicide cases

Usage Example

"Though the accused had malicious intent, without proving the actus reus of actually administering poison, the charge of murder cannot be sustained."

Synonyms

guilty act physical element external conduct wrongful act
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