Mitigating Factors in Nepal

Introduction to Mitigating Factors

Mitigating Factors are those Conditions or Elements when discovered in a Criminal Case can bring changes to the Punishment faced by the offender. These Factors decrease the heinousness or seriousness of the Crime because of the additional elements of Humanity.

Mitigating Factors can cause a decrease in the amount of fine or compensation to be paid, lead to a reduction in the Sentence of Imprisonment, and much more. It has been incorporated in Nepal to bring Reformation and encourage humanitarian conduct from Offenders.

List of Mitigating Factors in Nepal

Section 39 has provisioned for Factors mitigating the gravity of the offense in Nepal. The below-listed factors are considered to be mitigating factors in Nepal:

• When the offender is either a Child below the age of Eighteen Years or a senior Citizen exceeding the age of Seventy-Five Years.
• When the Criminal acted without the required mens rea or intent to commit the Crime.
• If the individual against whom the crime was committed, had perpetrated, provoked, or threatened the offender.
• If the offense was committed to retaliate from the Victim to prevent a heinous or serious crime from being carried out against the offender or their close relatives.
• When the criminal confessed to the offense or showed regrets for the commission of the Crime.
• If the Offender/Criminal had surrendered voluntarily after the commission of Crime to the relevant police authority.
• If the offender provides or commits to provide reasonable compensation to the Victim after the commission of the Crime.
• If the capacity of the offender is diminished to physical or mental disabilities.
• If the extent of harm that is caused to the victim and society isn’t of much danger.
• When the offender aids the Judicial Process through Truthful Testimony.
• If the offender realizes and accepts the Guilt of the Crime and promises to abstain from Future Criminal Conduct.
• When the Crime was carried out under duress or coercion.

Conclusion

Mitigating Factors have been implemented in the Nepalese Criminal Justice System to increase the reliability of Criminal Proceedings among the People, promote an environment of Ethics and Morals during Criminal Cases, and reward Reformative and Honest Behavior from the perpetrator.