Sections 34 and 120-A, IPC

There is not much substantial difference between conspiracy as defined in Section 120 A and acting on a common intention; as contemplated in Section 34. While in the former, the gist of the offence is bare engagement and association to break the law even though the illegal act does not follow, the gist of the offence under Section 34 is the commission of a criminal act in furtherance of a common intention of all the members or offenders, which means that there should be a unity of criminal behaviour resulting in something for which an individual would be punishable; as if it were all done by himself alone.  Another point of difference is that a single person cannot be convicted under Section 120 A, and, therefore, where all the accused except one were acquitted, the Supreme Court ordered his acquittal also; whereas under Section 34, read with some other specific offence, a single person can be convicted because each is responsible for the acts of all others.