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Diya Arvind   12 March 2022

legal maxim

Expalin the application of the maxim of Actus Reus with the help of a few examples.


 1 Replies

Aarushi   12 March 2022

The Latin phrase of Actus Reus means “guilty act”. This maxim is used in the cases when any offence has been done. The commitment of the very act that has been deemed offensive by the law is defined by this maxim. Actus Reus is a physical act for which a penalty has been provided in the Indian Penal Code (IPC). There can be several types of actus rea, including, action crimes and result crimes. Action crimes are those, where the act itself is the cause of punishment, while result crimes are those where the result of the action is a cause of punishment.

Moti Singh v. State of Uttar Pradesh

In this case, the Court held that, just showing the injuries on the body of the victim which were caused by the gunshots were not sufficient to constitute a case under murder. To show that murder has been caused due to the gun shots, it was important that the prosecution prove that the death was caused due to the injuries sustained by the victim on account of the gunshots fired at him.

R v. Quick

In this case, the defendant had assaulted the victim when he was in a state of hypoglycaemia, which is a condition of low sugar level in the body. This phenomenon can be said to be a frequent in diabetic patient which the defendant was. The Court held that since the act has been done when the defendant was not in his right state of mind, he shall be acquitted.

Om Prakash v. State of Punjab

In this case, the Court held a man liable for the death of his wife, to whom he had denied food. The Court held that being the husband of the victim, it was necessary that the defendant provide her with basic necessities of life. Thus, he was convicted for murder.  

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