The difference between Section 34 and Section 149 of Indian Penal Code:

• A. That whereas in Section 34 there must at least be five persons, Section 149 requires only two persons
• B. That Section 149 is only a rule of evidence whereas Section 34 creates a specific offence and provides for its punishment.
• C. That Section 34 requires active participation in action whereas Section 149 requires mere passive membership of the unlawful assembly
• D. That Section 34 need not be joined with the principle offence, whereas Section 149 must be combined with the principle offence.