When can a failure to act lead to criminal liability?

In criminal law, a failure to act—or an omission—can result in criminal liability when an individual is under a specific legal duty to act and is reasonably capable of performing that action.1

This legal obligation typically arises in two primary ways:

• Statutory Requirements: Certain laws explicitly mandate specific actions, such as the requirement to file an income tax return.1
• Legal Relationships: Duties may arise from the relationship between parties, such as the obligation of parents to provide food for their children.1

For criminal liability to attach to an omission, the prosecution must demonstrate that the accused had both the legal duty to intervene and the actual capacity to do so at the time of the incident. This principle functions alongside the requirement of actus reus, which generally necessitates a voluntary act or omission, and mens rea, the required state of mind, to establish the essential elements of a crime.1