Actus Reus
/AK-tus REE-us/
The guilty act — the physical act or omission that constitutes the external element of a crime.
Full Definition
Actus reus (Latin: 'guilty act') is the physical or external element of a crime — the act, omission, or state of affairs that the law prohibits. Combined with mens rea, it forms the complete offence. An act alone is not a crime without the corresponding mental state (except in strict liability offences), and intent alone without an act is not punishable. Actus reus can be: a positive act (stabbing), an omission where there is a legal duty to act (a lifeguard who watches a drowning child), or a state of affairs (being in possession of contraband). In Indian law, Section 32 IPC explicitly includes illegal omissions within the definition of 'acts'.
In Indian Law
IPC Section 32 provides: 'In every part of this Code except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.' This codifies the actus reus doctrine. Section 43 IPC defines 'illegal' as 'everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action.' The BNS preserves these definitions in Sections 2(a) and 3.
Related Legal Sections
Landmark Cases
R v. Miller (1983) — Actus reus through omission after creating a dangerous situation
State of MP v. Narayan Singh (1989) — Omission as actus reus under IPC
Frequently Asked Questions
Can an omission be actus reus?
Yes — but only where there is a pre-existing legal duty to act. A stranger has no duty to rescue a drowning person. But a parent, lifeguard, or doctor with a duty of care who fails to act can be criminally liable for the resulting harm.