Section 78.- Whenever it appears that there exists an extenuating circumstance, whether or not there be an increase or reduction of the punishment according to the provisions of this Code or the other law, the Court may, if it thinks fit, reduce the punishment to be inflicted on the offender by not more than one-half.

Extenuating circumstances may include lack of intelligence, serious distress, previous good conduct, the repentance and the efforts made by the offender to minimize the injurious consequence of the offence, voluntary surrender to an official, the information given or the Court for the benefit of the trial, or the other circumstance which the Court considers to be of similar nature.

 

Section 79.- In the case having offence to be punished with fine only, if the person alleged as having committed an offence pays the fine in the maximum rate for such offence before the Court commences to take the evidence, the case shall be terminated.

 

CHAPTER 5

ATTEMPT

 

Section 80.- Whoever commences to commit an offence, but does not carry it through, or carries it through, but does not achieve its end, is said to attempt to commit an offence.

Whoever attempts to commit an offence shall be liable to two-thirds of the punishment as provided by the law for such offence.

 

Section 81.- Whoever commences and commits the offence, but does not commit it through, or commits it through, but does not achieve its good result, is said to attempt and commit an offence.

The offence is attempted to commit by whomever, such person shall be punished two-thirds of punishment as prescribed by the law for such offence. If the act mentioned in the first paragraph is done on account of blind belief, the Court may not inflict the punishment.

 

Section 82.- Whoever attempts to commit an offence, but, on his own accord, desists from carrying it through, or changes his mind and prevents the act from achieving its end, shall not be punished for such attempt to commit the offence. But, if what he has already done comes under the provisions of law as an offence, he shall be punished for such offence.

 

CHAPTER 6

PRINCIPALS AND SUPPORTERS

 

Section 83.- In case of any offence is accrued by commission of the person as from two persons upwards, such accomplices deemed to be principals shall be punished as provided by the law for such offence.

 

Section 84.- Whoever, whether by employment, compulsion, threat, hire, asking as favour or instigation, or by any other means, causes another person to commit any offence is said to be an instigator.

If the employed person commits the offence, the instigator shall receive the punishment as principal. If the offence is not committed, whether it be that the employed person does not consent to commit, or has not yet committed, or on account of any ether reason, the instigator shall be liable to only one-third of the punishment provided for such offence.