TOPIC: ACTUS

REUS
 Meaning
 Actus Reus has been defined as “such result of
human conduct as the law seeks to prevent”.
 Actus Reus means the whole definition of crime
with the exception of mental element – Glanville
Williams.

Crime Mens Actus

Rea Reus
Act extends to illegal omissions
Section 33. provides that the word
act includes a series of acts and
omission denotes a series of
omissions as a single omission.
Contributory negligence of victim
has no place in criminal law. It
plays no role in determination of
the guilt of the wrong doer.

Act may or
Act Should Act to be Act to be
may not
Act be
Voluntary
prohibited
by Law
result in
direct cause
of Harm
Harm
Requirements
The requirements of actus reus varies depending
on the definition of the crime.

ACTUS REUS IN RESPECT

OF

Place Time Person

Offence of criminal Offences of Offences of
trespass, house-breaking lurking house- kidnapping and
or in aggravated forms trespass or house- abduction, procuring
thereof breaking by night of a minor girl etc.

Victim’s state
Consent of mind Possession Preparation

Offence of rape Offences relating to Possession of stolen Preparation to

religion or rape property, possession commit an offence
obtaining consent
of certain things eg. Section 126
under fear of death or
hurt etc.
Causation in Crime
 A man is ACT
usually held
liable only for
the
consequences  
of his conduct
he foresaw. CAUSA CAUSA SINE
CAUSANS QUA NON
-Immediate -Proximate
cause cause
Difficulty in ascertaining Causation
To be established that the conduct of the person was
Causation and Negligence negligent and that but for the negligent act of the accused,
the event would not have occurred.

If death results from an injury voluntarily caused, the person

Minimal Causation injuring shall be deemed to have caused death. Although the
victim might be saved if proper medical treatment was given.

Intervention of an Innocent A person would be held fully responsible if he had made

Person use of an innocent agent to commit crime.

Where another person had intervened and his actions were the immediate
Intervention of Another cause of crime, the original wrongdoer will be absolved from liability.
Person
 Principal of ordinary
hazard
A attacks B intending to stab him to death; B runs
away, but is struck by lightning and dies. A
would guilty of an attempted murder and not
murder as its not A who killed B but the
lightning. The most obvious answer is that being
struck by lightening is an ordinary risk of life.
The attacker has not substantially increased the
victim’s risk.
Principle of Reasonable
Foresight
A man is said to intend the natural consequences of his act.

To be
established

The offence is the natural Any reasonable man would be

consequence of the act of able to foresee that the offence
the offender. is likely to be the natural
consequences of his act.
 K. Ramesh v. The Intelligence
Officer, Narcotic Control Bureau,
Chennai

“So long as a sufficient actus reus of an

attempt has been done, it does not matter
what happens afterwards.... If the acts of
the accused beyond reasonable doubt
indicate and indicate only that he intended
to commit a certain definite crime then he
has performed a sufficient actus reus to
support a charge of attempting to commit
that crime.”

Available at : https://indiankanoon.org/doc/44101129/
 Md. Raju Hussain v.
Commissioner of Customs
“an act done with the intent to commit that
crime, and forming part of a series of acts
which would constitute its actual
commission if it were not interrupted.... The
test for determining whether the act of
appellants constituted an attempt or
preparation is whether the overt acts
already done are such that if the offender
changes his mind and does not proceed
further in its progress, the acts done
already would be completely harmless.”

Available at : https://indiankanoon.org/doc/30963011/
Sri Obalaraju v. State of
Karnataka
“Wrongful act in itself is not sufficient
for punishment because there is a legal
maxim namely actus non facit reum nisi
mens sit rea i.e., act only does not
constitute a crime unless act is done with
the guilty intention. Sometimes a
particular state of mind of victim is
required for the definition of the crime. If
so, that state of mind is a part of the
actus reus.”

Available at : https://indiankanoon.org/doc/112365029/
THANK YOU
Submitted by: Aryaka
Sharma
Roll no. 127/18
Class : B.Com LL.B
Section: C
Semester : V