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The Law Commission suggests for abolishment of the death penalty, as it does not fulfill the penological goal of deterrence as compared to life imprisonment. This abolition was recommended in the last report of the 20th law commission but this time it was proposed by the law commission with a panel of 9 members which however was not unanimous.

The panel consists of 9 members of which one is a chairman, one of the three full-time members out of which one was Justice Usha Mehra (retd) and two ex-officio members who would represent the government law secretary P.K. Malhotra and legislative secretary Sanjay Singh and three part-time members.

The Capital punishment is suggested to be abolished except in terror cases, as death penalty lies for those convicts who are involved in terror cases and for waging war against the country. The penological justification cannot be given in cases of terrorism whether how they are different from other crimes but if the abolition is done except the terror cases then this would result in affecting the national security.

The panel also discussed, that death penalty should be given to the convicts in the rarest case that is after going through various deliberations.

It is when the administration of death penalty continues after lengthy discussions. According to the report, Law Commission would provide the capital punishment only for the rarest cases.