of Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra, April 2009 and Shankar Kisanrao Khade v. State of Maharashtra, April 2013. The commission extensively studied various aspects of death penalty such as a role of deterrence, uniform applicability of guidelines, victim justice and concluded that the punishment should be abolished except for in the matters of terrorism. The Commission concluded after studying the issue extensively that the death penalty does not serve the penological goal of deterrence any more than life imprisonment. It was opined that it fails to achieve any constitutionally valid penological goals. The Law Commission also concluded that in focusing on the death penalty as the ultimate measure of justice to victims, the restorative and rehabilitative aspects of justice are lost sight of.[18] The discretionary power of judges and uneven application of Bachan Singh v. State of Punjab, May 1980 in these cases goes against the constitutional principles and principle of equality making the whole process arbitrary and subjective to whims of the judges. The commission also identified some systematic impediments such as lack of resources, outdated modes of investigation, over-stretched police force, ineffective prosecution, and poor legal aid making the administration of the death penalty vulnerable to errors. The commission also concluded that constitutional and statutory safeguards such as Article 72 and Article 161 have also failed to safeguard the rights from these impediments. With relation to supporting death for those convicted in terror cases and for waging war against the country, the Report admitted that there is no valid penological justification for treating terrorism differently from other crimes, but the concern of the times seems to be that removing of the death penalty for these offences will affect national security. Divergent views There are divergent views on which the death penalty in being currently debated over in India. It has been argued by many academicians and many research groups that the presence of such inhumane punishment serves no purpose in the current times. India certainly does not need it as it serves no purpose. It is argued that no study has shown that the death penalty deters murder more than life imprisonment and that evidence is to the contrary. For deterrence to work, the severity of the punishment has to coexist with the certainty and swiftness of the punishment.[19] It has been argued that the death penalty targets the poor and marginalised who do not