Understanding Actus Reus in Criminal Law

Introduction

In criminal law, making someone responsible for a crime generally needs two elements: Actus Reus (the guilty act) and Mens Rea (the guilty mind). While Mens Rea focuses on the person’s intention, Actus Reus is about the physical act or behaviour that breaks the law. It includes doing something illegal, failing to act when required, or being in a prohibited situation. Without the Actus Reus, even if someone had any bad intentions, they cannot be punished. This article explores the concept, elements, types, and legal cases related to Actus Reus, etc.

What is Actus Reus?

Actus Reus is a Latin term that means "guilty act". It is a physical part of crime, whether it's an action (like hitting someone), an omission (failing to act), or a state of affairs (such as being in illegal possession). Generally, a crime cannot exist without some form of Actus Reus.

Definition:

Actus Reus includes all external elements of a crime except the mental state of the accused. According to Oxford Reference, it refers to the conduct or situation that the law prohibits.

Key Elements of the Actus Reus

1. Voluntary Action:

The act must be done willingly and consciously. If a person acts under the reflex, compulsion, or unconsciousness, it may not be Actus Reus.

Example: If someone punches another in anger, it’s Actus Reus. But if a person accidentally hits someone, it's not.

2. Unlawful Act:

The act must break the law. Not every harmful act is illegal.

Example: if surgeon operating to save a life is not guilty, but stabbing someone with intention of hurt is Actus Reus.

3. Result of Harm:

In many cases, the action must cause harm or damage.

Example: In case of murder, the act must lead to the death of person.

Types of Actus Reus

1. Commission (Positive Act):

When someone physically does something illegal.

Example: Stealing a mobile.

2. Omission (Failure to Act):

A person can also be guilty if they fail to act when they are bound by law.

- Contractual Duty: In R v. Pittwood , a railway worker failed to close the door, causing a death. His omission was criminal.

- Special Relationship: Parents have a duty to take care of child, ignoring it can be Actus Reus.

- Legal Obligation: Professionals like the, doctors or lifeguards etc can be guilty if they refuse to help in emergency case.

3. State of Affairs (Situational Crimes):

In some cases, just being in a certain illegal situation is enough.

Example: Being found with the illegal drugs, even without using of this, is Actus Reus.

Importance in Law

Actus Reus proves that a crime was actually committed, not just thought about. It protects the people from being punished for only intentions or thoughts without any action.

Defenses to Actus Reus

There are situations where even if anyone committed the act, they may not guilty due to defenses:

1. Automatism: If person had no control over their own actions (like during sleepwalking or unconsciousness), the act is not voluntary.

2. Duress: If person was forced to commit the act under the threat or any danger. Example: Stealing because other threatened your family.

3. Insanity: If the person suffered from a mental illness and cannot understand the nature of act, they may not be held liable for crime.

Important Legal Cases

- R v. White (1910):

A man tried to poison own mother, but she died due to heart attack before consuming the poison. He was guilty of attempted murder, but not for the murder, because his act didn’t cause death.

- R v. Pittwood (1902):

A railway worker's failure to close the door resulted in death. His omission was considered the Actus Reus due to his job duty.

- Santosh Kumar Singh v. State (2010) – Priyadarshini Mattoo Case:

The accused's voluntary actions like assault and strangulation were Actus Reus, leading to conviction for murder.

Actus Reus vs. Mens Rea

- Actus Reus  – the physical act or conduct of the person

- Mens Rea  – the mental intent or knowledge of the criminals

Most of the crimes require both. However, in the strict liability offenses, only Actus Reus is enough.

Nature and Scope

- Voluntary Act:  Act must be done voluntary not under any pressure.

- Illegal Omission: Not doing something which is legally required to do can be a crime.

- Result-Oriented: Some of the crimes require a specific result like death or injury, etc

- Causal Link: There must be a direct connection between the act done and the harm 

Conclusion

Actus Reus is the essential physical part of a crime. It covers actions, omissions, and unlawful situations, etc that the law punishes. Without Actus Reus, there cannot be any crime. This principle ensures that people are only punished for what they actually did or failed to do, not just for their thoughts/thinking. Understanding of this concept helps to promote the fairness in the criminal justice system and it ensures that legal responsibility is based on real conduct of the person.

References

Oxford Reference – Legal Dictionary

R v. White (1910)

R v. Pittwood (1902)

Santosh Kumar Singh v. State (2010)

This article is authored by Shubham Kumar, who was among the Top 40 performers in the Constitution Law Quiz Competition organized by Lets Learn Law.