Section 39
Factors Mitigating The Gravity Of Offence
For the purposes of this
Act, the following factors, if exist, shall be considered as mitigating
the gravity of an offence:
(a) The offender is below eighteen years or above seventyfive
years of age,
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(b) The offender had no intention to commit the offence,
(c) The person against whom the offence was committed
had, immediately before the commission of the offence,
provoked or given threat to the offender,
(d) The offence was committed instantly as a retaliation
against any grave offence committed against the offender
or any of his or her close relatives,
(e) The offender voluntarily confessed the offence or
expressed a remorse therefor,
(f) The offender surrendered himself or herself to the
concerned authority,
(g) The offender, having confessed the offence committed by
him or her, has already provided or agreed to pay
compensation to the victim,
(h) The offender has diminished capacity because of
physical, mental ability or disability,
(i) The extent of loss or harm caused to the victim and the
society being insignificant,
(j) The offender rendered assistance in judicial process by
telling the truth to the court,
(k) The offender has confessed the guilt and committed not
to commit any criminal offence in the future,
(l) The offence was committed under other's instigation or
pressure.
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