Actus Reus

 

Actus Reus 

The Latin term ‘actus reus’ implies ‘guilty act.’ The physical component of a crime is known as actus reus. In most cases, the accused must have done or failed to do something that caused injury to the plaintiff or victim. There can be no offense and no lawsuit for damages without a criminal act. According to Kenny, “actus reus is an outcome of human activity that the law aims to prevent.” 

According to section 32 of the Indian Penal Code, actus reus can also refer to the failure to perform any act or omission that the accused is aware he is obligated to execute by duty or law. The phrase ‘act’ refers to both a single act and a series of acts, while the term ‘omission’ refers to both a single omission and a series of omissions. 

According to Section 39 of the Indian Penal Code, actus reus must be voluntary. This is based on “actus me invito factus non est mens actus,” which, according to common law, signifies “an act done against my will is not my act at all.” if the impact of a person’s acts is a likely consequence of the means, he is presumed to have freely induced that effect, whether or not he intended to do so.