MCQ with answers
Drugs and Cosmetics Act, 1940
10 explained questions below · 314 on this instrument in the practice banks · Act text as amended; medical-device provisions read with the Medical Devices Rules, 2017.
The Drugs and Cosmetics Act, 1940 is the parent statute for the import, manufacture, distribution and sale of drugs and cosmetics in India, and — through notifications under its definition of "drug" — the legal hook for medical devices as well. Almost everything else you study in jurisprudence (the 1945 Rules, the Medical Devices Rules 2017, the New Drugs and Clinical Trials Rules 2019) is delegated legislation made under this Act, so the Act is where the definitions and the enforcement machinery live.
Exams draw on a small, stable set of provisions: the definitions in Section 3, the three quality offences — misbranded (Section 17), adulterated (Section 17A) and spurious (Section 17B) — the prohibition on manufacture and sale in Section 18, the appointment and powers of Inspectors (Sections 21 and 22), the sampling procedure in Section 23, the evidentiary weight of the Government Analyst's report under Section 25, and the penalties in Chapter IV. The advisory bodies — the Drugs Technical Advisory Board, the Central Drugs Laboratory and the Drugs Consultative Committee — appear as one-mark identification questions.
Every question below is served from the same reviewed bank that powers the Drug Inspector and Pharmacist practice engines. Where the bank holds the exact provision, the explanation quotes it; where it does not, the badge says so.
What the exams keep asking
- ▸Section 3 definitions — drug, cosmetic, manufacture, patent or proprietary medicine
- ▸Sections 17, 17A, 17B — misbranded, adulterated and spurious drugs
- ▸Section 18 — prohibition of manufacture and sale of certain drugs and cosmetics
- ▸Sections 21–23 — Inspectors, their powers, and the procedure for taking samples
- ▸Section 25 — reports of the Government Analyst and the right to controvert
- ▸Section 27 — penalties for manufacture and sale in contravention of Chapter IV
10 practice questions, each explained
Attempt first, then open the answer. Every explanation says why the right option is right — and, where the bank holds it, quotes the provision.
- Question 1EASY
Under this chunk, who may appoint Inspectors, and for what areas?
- A)Only the State Government, for districts within the State
- B)The Central Government or a State Government, for such areas as may be assigned by the appointing Government
- C)Only the Central Government, for the whole of India
- D)The Board, for areas notified by the Central Government
Show answer & explanation
Answer: B) The Central Government or a State Government, for such areas as may be assigned by the appointing Government
Either Government may, by notification in the Official Gazette, appoint persons having the prescribed qualifications to be Inspectors for the areas it assigns to them.
Why the others fail
- A) The Central Government also holds the appointing power under this text.
- C) The text names two appointing Governments, not one.
- D) The Board has no appointing power under this text.
Source: Drugs and Cosmetics Act, 1940, Section 21 —
The Central Government or a State Government may, by notification in the Official
Source citedfrom the Drug Inspector bank - Question 2EASY
For how long do the nominated members of the Ayurvedic, Siddha and Unani Drugs Technical Advisory Board hold office?
- A)Three years, and they are eligible for renomination
- B)Three years, but they are not eligible for renomination
- C)Two years, and they are not eligible for renomination
- D)Five years, and they are eligible for renomination
Show answer & explanation
Answer: A) Three years, and they are eligible for renomination
The provision states that nominated members hold office for three years but shall be eligible for renomination. Ex officio members are not covered by this tenure rule.
Why the others fail
- B) Term is right but the text expressly preserves eligibility for renomination.
- C) Both the term and the bar on renomination contradict the sub-section.
- D) Inflates the term; the text fixes three years.
Source: Drugs and Cosmetics Act, 1940, Section 33B —
The nominated members of the Board shall hold office for three years but shall be eligible for renomination.
Source citedfrom the Drug Inspector bank - Question 3EASY
For the purposes of the provision on offences by companies, how is "director" defined in relation to a firm?
- A)Any employee in charge of the firm's business
- B)The firm's auditor
- C)A partner in the firm
- D)The managing agent of the firm
Show answer & explanation
Answer: C) A partner in the firm
The Explanation deems a company to include a firm or other association of individuals, and correspondingly deems "director", in relation to a firm, to mean a partner in that firm.
Why the others fail
- A) Persons in charge are covered by sub-section (1); the Explanation defines director as a partner.
- B) No auditor appears anywhere in the Explanation.
- D) The Explanation names a partner, not a managing agent.
Source: Drugs and Cosmetics Act, 1940, Section 34 —
(b) ―director|| in relation to a firm means a partner in the firm.
Source citedfrom the Drug Inspector bank - Question 4EASY
In what form must the Government Analyst deliver his report to the Inspector who submitted the sample?
- A)An unsigned analytical certificate in quadruplicate.
- B)A report signed by the Director of the Central Drugs Laboratory.
- C)A signed report in triplicate in the prescribed form.
- D)A signed report in duplicate in the prescribed form.
Show answer & explanation
Answer: C) A signed report in triplicate in the prescribed form.
On receiving a sample submitted for test or analysis, the Government Analyst must deliver to the submitting Inspector a signed report in triplicate in the prescribed form.
Why the others fail
- A) The report must be signed, and the stated number of copies is not four.
- B) The Director signs the Laboratory's report, not the Government Analyst's report.
- D) Duplicate would not support the three-way distribution the provision then directs.
Source: Drugs and Cosmetics Act, 1940, Section 25 —
a signed report in triplicate in the prescribed form.
Source citedfrom the Drug Inspector bank - Question 5EASY
What powers do officers of Customs have in respect of drugs and cosmetics whose import is prohibited under this Chapter?
- A)The same powers as they have in respect of goods prohibited under the sea customs law
- B)Only the power to refuse clearance, with no power of detention
- C)No independent powers; they must act on the Inspector's direction
- D)Powers exercisable only after written authorisation from the State Government
Show answer & explanation
Answer: A) The same powers as they have in respect of goods prohibited under the sea customs law
The section equates the position of prohibited drugs and cosmetics with goods prohibited under the sea customs law, so Customs officers carry over the same powers.
Why the others fail
- B) The text expressly provides for detention of suspected packages.
- C) The provision confers powers directly on Customs officers.
- D) Authorisation mentioned in the text is by the Central Government, and only for other officers.
Source: Drugs and Cosmetics Act, 1940, Section 11 —
shall have the same powers in respect of such drugs
Source citedfrom the Drug Inspector bank - Question 6EASY
As defined in this section, "to import" means—
- A)to receive goods cleared through a notified customs port
- B)to bring into or take out of India
- C)to bring into India for the purpose of sale only
- D)to bring into India
Show answer & explanation
Answer: D) to bring into India
The definition states that "to import", with its grammatical variations and cognate expressions, means to bring into India — an unqualified territorial test.
Why the others fail
- A) The definition names no customs formality or notified port.
- B) Export is not covered; the definition is one-directional.
- C) The definition attaches no purpose or sale condition.
Source: Drugs and Cosmetics Act, 1940, Section 3 —
with its grammatical variations and cognate expressions means to bring into
Source citedfrom the Drug Inspector bank - Question 7EASY
Who is legally bound to disclose to an Inspector the place where a drug or cosmetic is being manufactured or kept?
- A)Every person for the time being in charge of the premises concerned.
- B)Only the licensee named on the manufacturing licence.
- C)Any employee present on the premises when the Inspector calls.
- D)Only a qualified person supervising manufacture.
Show answer & explanation
Answer: A) Every person for the time being in charge of the premises concerned.
The duty of disclosure is cast on every person for the time being in charge of premises where a drug or cosmetic is manufactured or kept for sale or distribution, when required by an Inspector.
Why the others fail
- B) The obligation attaches to whoever is in charge at the time, not only to the named licensee.
- C) Mere presence is not enough; the duty falls on the person in charge of the premises.
- D) Technical qualification is not the trigger; being in charge of the premises is.
Source: Drugs and Cosmetics Act, 1940, Section 24 —
person for the time being in charge of any premises whereon any drug 3[or cosmetic] is being manufactured or
Source citedfrom the Drug Inspector bank - Question 8EASY
Under this provision, a cosmetic is deemed spurious if it is imported—
- A)without a licence prescribed for its import
- B)under the name which belongs to another cosmetic
- C)containing an ingredient which may render it unsafe for use
- D)with a label not stating the list of active ingredients
Show answer & explanation
Answer: B) under the name which belongs to another cosmetic
The first enumerated ground deems a cosmetic spurious if it is imported under the name which belongs to another cosmetic.
Why the others fail
- A) Licence breach is a separate prohibition, not a spuriousness ground here.
- C) Unsafe ingredients are dealt with under the import prohibition, not the spuriousness definition.
- D) Ingredient disclosure is not among the grounds enumerated in this provision.
Source: Drugs and Cosmetics Act, 1940, Section 9D —
if it is imported under the name which belongs to another cosmetic
Source citedfrom the Drug Inspector bank - Question 9EASY
On what conditions may a purchaser or a recognised consumer association submit a drug or cosmetic to a Government Analyst for test or analysis?
- A)On a written complaint routed through an Inspector.
- B)Free of charge, since consumer protection is the object.
- C)On application in the prescribed manner and payment of the prescribed fee.
- D)Only after obtaining permission of the Central Government.
Show answer & explanation
Answer: C) On application in the prescribed manner and payment of the prescribed fee.
The entitlement to have a purchased drug or cosmetic tested and to receive the Analyst's signed report arises on application in the prescribed manner and on payment of the prescribed fee.
Why the others fail
- A) No Inspector-routing requirement is stated; the applicant applies directly.
- B) A prescribed fee is expressly payable; the facility is not free.
- D) Central Government permission is not a precondition for this entitlement.
Source: Drugs and Cosmetics Act, 1940, Section 26 —
on payment of the prescribed fee
Source citedfrom the Drug Inspector bank - Question 10EASY
A candidate holds shares giving him a financial interest in a firm that sells drugs. What is his position regarding appointment as a Government Analyst under this section?
- A)He may be appointed if the interest is in sale but not manufacture
- B)He is disqualified from being appointed
- C)He may be appointed if he discloses the interest to the appointing government
- D)He may be appointed if he is assigned an area where the firm does not operate
Show answer & explanation
Answer: B) He is disqualified from being appointed
No person having any financial interest in the manufacture or sale of any drug shall be appointed a Government Analyst under this section. The disqualification is stated without qualification or cure.
Why the others fail
- A) The provision covers financial interest in manufacture or sale alike.
- C) The bar is absolute on the text; disclosure is not offered as a cure.
- D) Area assignment does not neutralise the disqualification.
Source: Drugs and Cosmetics Act, 1940, Section 33F —
No person who has any financial interest in the manufacture or sale of any drug shall be appointed to be a
Source citedfrom the Drug Inspector bank
Practise the full set with real marking
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