The difference between Section 34 & Section 149 I.P.C. is
Verified Answer
A. Section 149 is rule of evidence whereas Section 34 creates a specific offence
B. Section 34 requires active participation in action whereas Section 149 requires mere passive membership of unlawful Assembly
C. Section 34 need not be joined with principal offence, whereas Section 149 must be combined with principal offence
D. That whereas in Section 34 there must at least be 5 persons Section 149 require only two persons
Explanation:
Section 34 (Common Intention) requires active participation or presence and a pre-arranged plan among two or more persons. Section 149 (Common Object of Unlawful Assembly) imposes constructive liability on all members (5 or more persons) of an unlawful assembly for acts done in prosecution of the common object, where mere membership is sufficient.