This article has been written by Miss. Maitri Jain a 5th year B.A.LL. B student of Teerthankar Mahaveer University.

INTRODUCTION

A human being and evil intent are not enough to constitute the crime for you cannot know the intentions of a man. The thought of man is not triable. The criminal intent in order to be punishable must become manifest in some voluntary act or omission.

DEFINIATION

According to Kenny: Actus reas is result of human conduct as the law seeks to prevent. The act done or omitted must be an act forbidden or commanded by some law.

According to Russel: Actus reas is physical result of human conduct. When criminal policy regards such act as sufficiently harmful, the commission of the act is prohibited on pain of punishment.

ACTUS REUS:

The law’s refusal to punish anything other than action involves four different things, namely

1. The law only concerned with positive conduct as opposed to mere inactivity,
2. The law only prohibits acts as opposed to thoughts or intentions,
3. The law only penalizes acts as contrasted with bodily states and form of involuntary behavior,
4. A man is punished only for his own conduct and not for that of other.

 According to section 32 of the Indian penal code, actus reus can also refer to the failure to perform any act or omission that any person who commit crime is aware of to perform his/her duty or law. The word “act” refers to both single act or series of acts. While phase ‘omission’ refers to both a single omission and chain of omission.

According to section 39 of the Indian penal code, actus reus must be voluntary. This is based on “actus me invito factus not est mens actus” which means “the act done against my will is not my act at all”. 

EXCEPTION TO ACTUS REUS, WHEN SATISFIED AND WHEN NOT:

When criminal activity is voluntary, Actus reus does not apply. This includes any movements done while a person is unconscious or having a convulsion, acts committed during a hypnotic trance, or actions committed during a spasm. In certain circumstances, a criminal act may be committed, but it is not intentional, and the perpetrator won’t even be aware of it until after the fact.

Actus reus elements of crime require a voluntary physical action on the part of the defendant. The prosecution must demonstrate that the defendant moved with knowledge and purpose. A person can also be charged with a crime for acting in a way that put him in danger of falling unconscious and hurting someone. In one state, an appeals court determined that a defendant was criminally liable for his actions because the defendant knew that he was susceptible to epileptic attacks, making him likely to pass out. He was therefore accountable for the damage done while having an epileptic episode and operating a vehicle over Four persons died as a result of an incident on a pavement.

CONCLUSION

Actus reas is important elements of criminal law applied in most countries. The actus reus means “guilty act”. It is requirement in showing that a criminal act was performed. Certain standards must be observed while dealing with any crime, and the accused person is given “the benefit of the doubt “. The prosecution has the burden of proving his or her guilt beyond a reasonable doubt.

REFERENCES:

• https://unacademy.com/content/upsc/study-material/law/mens-rea-and-actus-reus/

• INDIAN PENAL CODE: S.N. MISHRA

• INDIAN PENAL CODE: BATUKLAL

• • INDIAN PENAL CODE: RATANLAL AND DHIRAJLAL