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Section 39
Circumstances mitigating the seriousness of the offence
For the purposes of this Code, an offense shall be deemed to be mitigating if the following circumstances exist:-
(a) the age of the offender is less than eighteen years or more than seventy-five years,
(b) that the offender did not intend to commit the offence,
(c) the person against whom the offense is committed has provoked or threatened the offender immediately before the commission of the offence,
(d) committed immediately in retaliation for any serious offense committed against the offender or any of his close relatives,
(e) the offender voluntarily admits the offense or repents for having committed such offence,
(f) that the offender surrenders to the concerned authority,
(g) the offender has admitted the offense committed by him and has paid or agreed to pay compensation to the victim,
(h) Diminished capacity of the offender due to physical, mental or disability,
(i) The loss to the victim and the society, the amount of loss is not significant,
(j) Assisted in the judicial process by expressing the truth in the court,
(k) Admitting the offense and promising not to commit a criminal offense in the future,
(l) Committing a crime under duress or duress.