Marine Insurance Act, 1963 · Warranties, etc
Section 35: Nature of warranty
(1) A warranty, in the following sections relating to warranties, means a promissory warranty, that is to say a warranty by which the assured undertakes that some particular thing shall or shall not be done, or that some condition shall be fulfilled, or whereby he affirms or negatives the existence of a particular state of facts.
(2) A warranty may be express or implied.
(3) A warranty, as above defined, is a condition which must be exactly complied with, whether it be material to the risk or not. If it be not so complied with, then, subject to any express provision in the policy, the insurer is discharged from liability as from the date of the breach of warranty, but without prejudice to any liability incurred by him before that date.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 35
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Hind Offshore Pvt. Ltd. v. Iffco – Tokio General
NCDRC whether justified in passing the impugned order holding that the respondent-insurance company was under no contractual or legal obligation to reimburse the appellant f or the loss suffered by it on account of…
- M/S Rajankumar and Brothers (Impex) v. Oriental Insurance Company Ltd.