Question: I'm applying for life insurance in India. I smoke sometimes — maybe 4-5 cigarettes a week. The insurance application asks if I'm a 'smoker.' My agent says just tick 'no' and nothing will happen. Is that true? What if they find out later?
Answer: Insurance Act Section 45: Material misrepresentation in the proposal form gives the insurer grounds to repudiate the claim (within 3 years) or void the policy (if fraud is proven, no time limit). Tobacco/nicotine use is a material fact because it directly affects mortality risk and premium calculation. Medical tests (cotinine/nicotine test) can detect recent tobacco use. If discovered at claim time, insurer can reject citing non-disclosure.

Supporting evidence:
title: indiacode.nic.in/2304
quote: A policy of life insurance may be called in question at any time within three years from the date of issuance of the policy or the date of commencement of risk the misstatement of or suppression of fact shall not be considered material unless it has a direct bearing on the risk undertaken by the insurer
context: 45. Policy not be called in question on ground of misstatement after two years. -( 1 ) No policy of life insurance shall be called in question on any ground whatsoever after the expiry of three years from the date of the policy, i.e., from the date of issuance of the policy or the date of commencement of risk or the date of revival of the policy or the date of the rider to the policy, whichever is later.
( 2 ) A policy of life insurance may be called in question at any time within three years from the date of issuance of the policy or the date of commencement of risk or the date of revival of the policy or the date of the rider to the policy, whichever is later, on the ground of fraud:
Provided that the insurer shall have to communicate in writing to the insured or the legal representatives or nominees or assignees of the insured the grounds and materials on which such decision is based.
Explanation I. -For the purposes of this sub-section, the expression ' fraud ' means any of the following acts committed by the insured or by his agent, with intent to deceive the insurer or to induce the insurer to issue a life insurance policy: -
( a ) the suggestion, as a fact of that which is not true and which the insured does not believe to be true;
1. Sub-section ( 9 ) omitted by Act 40 of 2025, s. 40 (w.e.f. 5-2-2026).
2. Subs. by Act 5 of 2015, s. 52, for section 42E (w.e.f. 26-12-2014).
3. Subs. by Act 40 of 2025, s. 2, for 'intermediary or insurance intermediary' (w.e.f. 5 -2-2026).
4. Subs. by Act 5 of 2015, s. 53, for section 43 (w.e.f. 26-12-2014).

SPECIAL PROVISIONS OF LAW

5. Subs. by Act 40 of 2025, s. 2, for 'him' (w.e.f. 5 -2-2026).
6. Subs. by s. 2, ibid ., for 'his' (w.e.f. 5 -2-2026).
7. Subs. by Act 5 of 2015, s. 55, for sections 44A and 45 (w.e.f. 26-12-2014).
- ( b ) the active concealment of a fact by the insured having knowledge or belief of the fact;
- ( c ) any other act fitted to deceive; and
- ( d ) any such act or omission as the law specially declares to be fraudulent.
Explanation II . -Mere silence as to facts likely to affect the assessment of the risk by the insurer is not fraud, unless the circumstances of the case are such that regard being had to them, it is the duty of the insured or his agent keeping silence, to speak, or unless his silence is, in itself, equivalent to speak.
( 3 ) Notwithstanding anything contained in sub-section ( 2 ), no insurer shall repudiate a life insurance policy on the ground of
title: irdai.gov.in/28bc0de5-222f-ba8d-60d3-1a2181bb41c7
quote: Material Information ' for the purpose of these regulations shall mean all important , essential and relevant information and documents explicitly sought by insurer in the proposal form
context: - d. not taking reasonable care to ensure suitability of the policy to the policyholders.
- (10) "Proposal form' means a form to be filled in by the prospect in written or electronic or any other forms for furnishing the information including material information, if any, as required by the insurer in respect of a risk, in order to enable the insurer to take informed decision in the context of underwriting the risk, and in the event of acceptance of the risk, to determine the rates, advantages, terms and conditions of the cover to be granted;
Explanation: (i) ' Material Information ' for the purpose of these regulations shall mean all important , essential and relevant information and documents explicitly sought by insurer in the proposal form.
(ii) The requirements of ' disclosure of material information ' regarding a proposal or policy apply both to the insurer and the insured, under these regulations.
- (11) "Prospect' means any person who is a potential customer and likely to enter into an insurance contract either directly with the insurer or through the distribution channel involved in the solicitation.
- (12) 'Prospectus': means a document either in physical or electronic or any other format issued by the insurer to sell or promote the insurance product.
Explanation: Insurance product referred herein shall also include the riders offered, if any. Where a rider is tied to a base policy, all the terms and conditions of the rider shall be mentioned in the prospectus. Where a standalone rider is offered to a base product, a reference to the rider shall be made in the prospectus of the base policy indicating the nature of benefits flowing thereupon.

7. Definitions

- (13) 'Solicitation' means the act of approaching a prospect or a policyholder by an insurer or by a distribution channel with a view to persuade the prospect or a policyholder to purchase or to renew an insurance policy.
- (14) 'Unfair trade practice' shall have the meaning ascribed to such term in the Consumer Protection Act, 2019, as amended from time to time.
- (15) Words and expressions used and not defined in these regulations, but defined in the Act, or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999) or the Insurance Rules, 1939 or any other regulations issued by the Authority shall have the meanings respectively assigned to them in those Acts or Rules or Regulations.

34. Advertisements

- (2) Every insurer, while publishing advertisements, shall n