Section 38: Warranty of neutrality .-(1) Where insurable property, whether ship or goods, is expressly warranted neutral, there is an implied condition that the property shall have a neutral character at the commencement of the risk, and that, so far as the assured can control the matter, its neutral character shall be preserved during the risk

Q: What does Section 38 of The Marine Insurance Act, 1963 (TMIA) deal with?

Section 38 TMIA pertains to "Warranty of neutrality .-(1) Where insurable property, whether ship or goods, is expressly warranted neutral, there is an implied condition that the property shall have a neutral character at the commencement of the risk, and that, so far as the assured can control the matter, its neutral character shall be preserved during the risk". It is part of the The Marine Insurance Act, 1963, a legislation enacted by the Parliament of India. Section 38 of The Marine Insurance Act, 1963 (TMIA) governs warranty of neutrality .-(1) Where insurable property, whether ship or goods, is expressly warranted neutral, there is an implied condition that the property shall have a neutral character at the commencement of the risk, and that, so far as the assured can control the matter, its neutral character shall be preserved during the risk. As verified on 19 May 2026.

Q: Is Section 38 TMIA still in force?

Yes, Section 38 of the The Marine Insurance Act, 1963 is currently in force across the Republic of India.

Q: What is धारा 38 TMIA?

धारा 38 TMIA is the Devanagari Hindi reference for Section 38 of the The Marine Insurance Act, 1963. Section 38 of The Marine Insurance Act, 1963 (TMIA) governs warranty of neutrality .-(1) Where insurable property, whether ship or goods, is expressly warranted neutral, there is an implied condition that the property shall have a neutral character at the commencement of the risk, and that, so far as the assured can control the matter, its neutral character shall be preserved during the risk. As verified on 19 May 2026.

Q: What is Dhara 38 TMIA?

Dhara 38 TMIA is the Roman Hindi reference for Section 38 of the The Marine Insurance Act, 1963. "Dhara" means "Section" in Hindi. Section 38 of The Marine Insurance Act, 1963 (TMIA) governs warranty of neutrality .-(1) Where insurable property, whether ship or goods, is expressly warranted neutral, there is an implied condition that the property shall have a neutral character at the commencement of the risk, and that, so far as the assured can control the matter, its neutral character shall be preserved during the risk. As verified on 19 May 2026.

Q: How to cite Section 38 of The Marine Insurance Act, 1963?

Cite as: "Section 38, The Marine Insurance Act, 1963 (TMIA)" in legal briefs. For academic writing, use the BlueBook format: The Marine Insurance Act, 1963, § 38 (India).

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Where a ship is expressly warranted "neutral ", there is also an implied condition that, so far as the assured can control the matter, she shall be properly documented, that is to say, that she shall carry the necessary papers to establish her neutrality, and that she shall not falsify or suppress her papers, or use stimulated papers. If any loss occurs through breach of this condition, the insurer may avoid the contract.