Biological Diversity Act, 2002 — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. The Biological Diversity Act, 2002 implements India's obligations under which international instrument?

   • The Kyoto Protocol, 1997
   • The Convention on Biological Diversity (CBD), 1992 (correct answer)
   • The Ramsar Convention, 1971
   • The Montreal Protocol, 1987

   Explanation. The Act implements India's ratification of the Convention on Biological Diversity, 1992, adopted at the Rio Earth Summit.

2. Which body maintains the People's Biodiversity Register at the grassroots level?

   • National Biodiversity Authority
   • State Biodiversity Board
   • Biodiversity Management Committee (correct answer)
   • Ministry of Environment, Forest and Climate Change

   Explanation. Biodiversity Management Committees, constituted by local bodies under Section 41, maintain People's Biodiversity Registers documenting local resources and traditional knowledge.

3. Under Section 7, an Indian citizen seeking to obtain a biological resource for commercial utilisation must:

   • Obtain prior approval from the National Biodiversity Authority, exactly like a foreign entity
   • Give prior intimation to the State Biodiversity Board (correct answer)
   • Do nothing — no requirement applies to Indian citizens
   • Apply directly to the Ministry of Commerce

   Explanation. Section 7 requires only prior intimation to the State Biodiversity Board for Indian citizens/entities seeking commercial utilisation, a lighter requirement than Section 3's NBA approval for foreign entities.

4. Section 6 of the Act requires which approval before an IPR based on Indian biological resources can be granted?

   • Approval of the State Biodiversity Board only
   • Approval of the National Biodiversity Authority (correct answer)
   • Approval of the local Biodiversity Management Committee only
   • No approval is required if the applicant is Indian

   Explanation. Section 6 requires NBA approval before any IPR based on Indian biological resources/associated traditional knowledge can actually be granted.

5. The benefit-sharing mandate under Section 21 gives effect to India's obligations under:

   • The Nagoya Protocol on Access and Benefit-Sharing, 2010 (correct answer)
   • The Kyoto Protocol, 1997
   • The Ramsar Convention, 1971
   • The Basel Convention, 1989

   Explanation. Section 21's benefit-sharing requirement implements India's obligations under the Nagoya Protocol, a supplementary agreement to the CBD.

6. The Biological Diversity (Amendment) Act, 2023 changed the treatment of Indian-controlled companies by:

   • Requiring them to obtain NBA approval for the first time
   • Exempting them from the Section 3 approval requirement applicable to foreign-participation entities (correct answer)
   • Banning them from accessing any biological resource
   • Transferring their regulation to the Ministry of Commerce

   Explanation. After the 2023 amendment, a body corporate registered in India is outside section 3 unless it is controlled by a foreigner.

7. Under Section 55 as amended in 2023, a contravention of the Act is now punishable by:

   • Compulsory imprisonment with no fine option
   • A monetary penalty ranging from Rs. 1 lakh to Rs. 50 lakh, with an additional penalty for continuing contravention (correct answer)
   • No penalty at all
   • Automatic cancellation of the offender's passport

   Explanation. The 2023 Amendment decriminalised Section 55, replacing imprisonment with monetary penalties of Rs. 1 lakh to Rs. 50 lakh (plus up to Rs. 1 crore for continuing contravention).

8. Section 7, as amended in 2023, does not require prior intimation from:

   • Foreign pharmaceutical companies
   • AYUSH practitioners using traditional medicine (correct answer)
   • Mining companies
   • Automobile manufacturers

   Explanation. Section 7 exempts codified traditional knowledge, cultivated medicinal plants (with a certificate of origin) and registered AYUSH practitioners.