Section 34 and 149 of IPC

Under Section 34 of IPC the emphasis is on the common intention and its furtherance i.e prior concert and a common meeting of mind before the attack.

As far as section 149 of IPC is concerned the emphasis is on common object .In addition to common object merely being member of an unlawful assembly within the meaning of section 141 of IPC is sufficient.

Hope this clarifies your query.

Although the basic difference is of common intention and of common object ,but u/s 34IPC if two or more person commits any crime with the same intention and under a prearranged plan,sec.34 will be applicable however it is not necessary that active participation must do the criminal act at the exact spot of crime .

To apply sec.34,apart from the fact that there should be two or more accused,two factors must be established (1) Common intention and (2) Participation of the accused in the commission of an offence .

Whereas sec.149 says that every member of an unlawful assambly guilty of offence commited in prosecution of COMMON OBJECT . Here common object and unlawful assmbly get important . When we read sec. 141IPC it gets clear that at least a gathering of 5 person as an unlawful assambly is must fot completing sec.149 . Also they all must be present there at the place when crime was occured . If any one of them left the palce before commiting the crime, he will not be included as a member of unlaful assambly .

There is a clear distinction between the provisions of Sections 34 and 149, I.P.C. and the two sections are not to be confused. The principal element in Section 34, I.P.C. is the common intention to commit a crime. In furtherance of the common intention several acts may be done by several persons resulting in the commission of that crime. In such a situation Section 34 provides that each one of them would be liable for that crime in the same manner as if all the acts resulting in that crime had been done by him alone. There is no question of common intention in Section 149, I.P.C. As offence may be committed by a member of an unlawful assembly and the other members will be liable for that offence although there was no common intention between that person and other members of the unlawful assembly to commit that offence provided the conditions laid down in the section are fulfilled. Thus if the offence committed by that person is in prosecution of the common object of the unlawful assembly or such as the members of that assembly knew to be likely to be committed in prosecution of the common object, every member of the unlawful assembly would be guilty of that offence, although there may have been no common intention and no participation by the other members in the actual commission of that offence.

Thukral sir,

                      section 149 IPC can never be complete if we ignore section 141IPC,which give the defination of unlawful assambly . Section 141 also says that if 5 or more then five person are gathered at a place for a common object (given five common object). Again section 142IPC defines that who can be a member of unlawful assamply . 141 also says that an assambly,which was not unlawful when it assambled,may subsequently become an unlawful assambly . So there is a big difference in section 149 and section 34 which looks very narrow when we see without going into the deep . Section 149 is very broad then of section 34 IPC . 

Sec 34 Common intention: previous meeting of mind for commiting offence+ participation to commit offence. common intention can be develop at the place of occurance.

Sec149 Common Object. Accused must be in number of five+ they should have a commen object as to said in section 141+one of the unlawfull assembly must do an act that comes in ambit of crime. than each and every person member of that assembly is liable to be punished.

Sec. 149:- Common object, prior hatching of plan to commit a crime, and consequent commission of crime. All the accused are liable even if they do overt acts or not

Sec. 34:- common intention developed soon before the commission of offence.