actus reus

Actus reus is the outward part of an offence. It includes the conduct (an act or an illegal omission), any circumstances the definition requires (for example, that the property belongs to another), and, for result crimes, the consequence (such as death in murder) caused by the conduct.

The act must be voluntary. An omission is criminal only where there is a legal duty to act. In Indian law, s.2 of the BNS treats an illegal omission as an act for most purposes. Actus reus alone is not enough; it must be accompanied by the mental element the offence requires, and the two must coincide in time.

Example

Removing the mobile phone from the victim's bag without consent was the actus reus of theft; the prosecution still had to prove dishonest intention.

See also

mens rea · actus non facit reum nisi mens sit rea · attempt · corpus delicti

Read more in the study notes

• Crime: meaning, elements and stages (Bharatiya Nyaya Sanhita)
• Criminal force and assault against women (Bharatiya Nyaya Sanhita)
• Duty, obligation and liability, and the sources from which they arise (Legal Concepts)