Multiple choice

The difference between Sec. 34 and Sec. 149 of the Indian Penal Code is that

  1. whereas in Sec. 34 there must be at least five persons, Sec. 149 requires only two persons

  2. Sec. 149 is only a rule of evidence whereas Sec. 34 creates a specific offence

  3. Sec. 34 requires active participation in action whereas Sec. 149 requires mere passive membership of the unlawful assembly

  4. Both (2) and (3)
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Section 34 IPC (common intention) requires active participation in the criminal act. Section 149 IPC (vicarious liability of unlawful assembly) punishes all members of the assembly even if they only had passive membership. Option C correctly captures this key distinction. Option A is wrong (Section 34 requires minimum 2 persons, not 5). Option B is incorrect (Section 149 creates substantive vicarious liability, not just evidentiary rule).

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