Insurance Act, 1938 · Chapter II: Provisions Applicable to Insurers · Special provisions of law
Section 46: Application of the law in force in India to policies issued in India
The holder of a policy of insurance issued by an insurer in respect of insurance business transacted in [India] after the commencement of this Act shall have the right, notwithstanding anything to the contrary contained in the policy or in any agreement relating thereto, to receive payment in [India], of any sum secured thereby and to sue for any relief in respect of the policy in any Court of competent jurisdiction in [India]; and if the suit is brought in [India]; any question of law arising in connection with any such policy shall be determined according to the law in force in [India]:
[Provided that nothing in this section shall apply to a policy of marine insurance.]
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 46
No Supreme Court judgment in our database cites this section yet.