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

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    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)
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