Section 39: Factors mitigating the gravity of offence

For the purposes of this Act, the following factors, if they exist, shall be considered as mitigating the gravity of an offence:

(a) The offender is below eighteen years or above seventy-five years of age,

(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 a 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 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 the 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 another’s instigation or pressure.