Difference between Section 34 & 149 of IPC (Indian Penal Code 1860)

 Both Sections 34 & 149 of IPC deals with crimes involved by several people but its applicability and objects are different, some of the major difference between Section 34 & Section 149 of IPC are discussed under.

SECTION 34 IPC SECTION 3(5) BNS	SECTION 149 IPC SECTION 190 BNS
Title: Acts done by several persons in furtherance of common intention.	Title: Every member of unlawful assembly guilty for offence committed in prosecution of common object
The number of people must be more than one	The unlawful assembly must consist of at least a group of five people (Ref: Sec 141)
Requires common intentions	Requires common objects
A Prior meeting of the people is necessary	The prior meeting of a group of people is not required
Active participation in the crime is necessary	Active participation in the offence is not required
Each person is liable for the act in the same manner as it were done by him alone	Does not create separate offence but only declares vicarious liability of all members.
Intention is required	Knowledge is enough

Sec 141 IPC (Sec 189(1)) = Definition of Unlawful Assembly

(1) An assembly of five or more persons is designated an “unlawful assembly”, if

the common object of the persons composing that assembly is—

(a) to overawe by criminal force, or show of criminal force, the Central Government

or any State Government or Parliament or the Legislature of any State, or any public

servant in the exercise of the lawful power of such public servant; or

(b) to resist the execution of any law, or of any legal process; or

(c) to commit any mischief or criminal trespass, or other offence; or

(d) by means of criminal force, or show of criminal force, to any person, to take or

obtain possession of any property, or to deprive any person of the enjoyment of a

right of way, or of the use of water or other incorporeal right of which he is in possession

or enjoyment, or to enforce any right or supposed right; or

(e) by means of criminal force, or show of criminal force, to compel any person to

do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

Explanation.—An assembly which was not unlawful when it assembled, may

subsequently become an unlawful assembly.