Actus reus: Definition and Meaning

An act must have been performed in order for an Actus Reus to be committed. Various common law countries have varying definitions of what an act is, but generally speaking, an act is defined as a "bodily movement, whether voluntary or involuntary." A California law that made drug addiction unlawful was once deemed unconstitutional since the simple fact of being an addict is not an act, making it not a crime.

What is Actus Reus?

According to the definition of Actus Reus, it refers to any action or inaction on the part of the accused that causes harm to a third party or to their property. To commit a crime, one must voluntarily move their body.

• Actus Reus refers to any outward motions used in criminal assault, including killing someone and destroying property.

• Actus reus, as defined in section 32 of the Indian Penal Code, can also relate to an offender's failure to carry out an action that, in his knowledge, is required of him by duty or law. A single act or a series of acts are both meant by the term "act," whereas a single omission or a series of omissions are meant by the term "omission."

Illustration

Criminal negligent homicide is a common charge used against a drunk driver who kills someone.

An attempt to kill B by shooting him, but he entirely misses. But afterwards, B dies as A unintentionally runs over him. In this case, A would not responsible for his murder.

Types of Actus Reus

There are three types of the legal maxim i.e., actus reus−

• Action Crimes − In action crimes, the misbehavior is merely an act, and it doesn't matter how it turns out. When someone issues a press release while under oath while not believing it to be accurate, for instance, they have committed perjury. It matters less whether or not that statement affects the trial than whether or not perjury has been committed.

• Result Crimes − There are numerous examples of consequence crimes, including manslaughter, murder, injury, and others. Numerous scholars contend that in cases of this kind of crime, it is not supported by actions but rather by the crimes' outcomes.

• Conduct Crimes − Sometimes it can seem confusing and pointless to divide crimes into "conduct crimes" and "result crimes." The use of this classification can occasionally draw attention to important differences between offenses, but it is always crucial to identify the fundamental components of an offense.

Important Case Laws

On page 18 of the second edition of Criminal Law General Part, Glanville Williams writes: "Actus reus includes, in the terminology here suggested, not only that whole objective situation that has to be proven by the prosecution but also the absence of any ground of justification or excuse." Whether such an explanation or excuse is specified in a law that creates the offense or is enforced by the courts based on general rules (albeit not covering questions of excuse based on the lack of mens rea).

Hill vs Baxter: According to the Court of Appeal, if D were to be attacked by a swarm of killer bees while operating a vehicle and the bees caused D to lose control of the vehicle and strike a zebra crossing the road, D wouldn't be held responsible because the D's acts weren't voluntary.

Ashok Kumar Dixit v. State of U.P. and Anr.: The Allahabad High Court declared that "Actus non facit reus nisi mens sit rea” is the maxim that has been accepted in this regard." In the definition of a crime, the mens rea refers to the "mental" component, whereas the actus reus refers to the other components. Someone observed that the phrase "actus reus" is absurd. Only people are capable of being guilty; acts are not. The phrase is nonetheless frequently used and serves as a useful means of separating the non−mental from the mental components of a certain crime, notwithstanding this criticism.

Conclusion

A person who has performed or omitted an act unwillingly is not punished by the law. Any violation of a moral obligation cannot subject a person to liability. A person is presumed innocent under common law until and unless proven guilty. Before penalizing someone for the offense they are accused of, it is crucial to understand why they did what they did.

Frequently Asked Questions

Q: What is Actus Reus?

Ans: Actus reus is the legal term for the act or omission that constitutes a crime's physical elements. Actus reus only refers to voluntarily proactive actions or omissions (failures to act) that result in a prohibited behavior under the law.

Q: What are the factors of actus reus?

Ans: A voluntary, physical action taken by the defendant is required for the Actus Reus component of a crime to exist. The prosecution must demonstrate that the defendant made a deliberate, intentional motion.

Q: Is Actus Reus punishable?

Ans: Any physical act performed by a person with the aim of injuring another person or society is known as an Actus Reus, and the mental intent to commit the crime is known as a Mens Rea. The crime is prohibited by the law, and if it has been committed, the law specifies the punishment.

Q: What is actus rea examples?

Ans: Actus Reus is when a person operates a motor vehicle while under the influence of drugs or alcohol. The physical component of the offence is the act of driving while intoxicated. Actus Reus is when someone enters another person's property without their consent.