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art law

Delhi Court Orders Seizure of Two MF Husain Paintings From Art Gallery

Two MF Husain paintings depicting Hanuman and Ganesha were seized as evidence after a complaint. Courts declined to order an FIR investigation at the stages challenged.

By ThatPainter Team 3 min read
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A Delhi magistrate ordered two MF Husain paintings seized as evidence after an advocate alleged that works displayed at the Delhi Art Gallery offended religious sentiments. The order did not decide whether the paintings were unlawful. The magistrate declined to direct an FIR investigation at that stage, and the Delhi High Court dismissed a challenge to that decision on 10 September 2025, leaving the complaint for the trial court to consider.

Which paintings were seized, and why?

The paintings were displayed in the Delhi Art Gallery (DAG) exhibition Husain: The Timeless Modernist. Advocate Amita Sachdeva said she visited on 4 December 2024 and saw works depicting Hindu deities that she considered offensive. She complained to police on 9 December, alleging an offence under Section 299 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which concerns deliberate and malicious acts intended to outrage religious feelings. These are allegations, not findings that the works were offensive or that an offence occurred.

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The gallery’s list identified the two works at serial numbers 6 and 10 as paintings depicting Hanuman and Ganesha. After Sachdeva sought preservation of evidence, the magistrate ordered that CCTV footage be preserved and later directed seizure of the network video recorder (NVR) and the two paintings. Police reported that the footage, NVR and paintings had been seized. The order secured potential evidence; it was not a verdict on the works or the complaint. The Indian Express reported the magistrate’s order on 22 January 2025.

Why did the magistrate decline to order an FIR?

In its Action Taken Report, police said a preliminary inquiry had not found a cognizable offence and noted that the exhibition took place in a private space displaying original artworks. On 22 January 2025, the magistrate refused Sachdeva’s request to direct police to register an FIR and investigate at that stage. Instead, the matter was allowed to continue as a complaint case, with notice issued to the proposed accused. Seizure and preservation of material could therefore proceed without a court order compelling an FIR investigation.

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What did the higher courts decide?

Sessions court: 19 August 2025

The sessions court dismissed Sachdeva’s revision. It reasoned that the evidence had already been secured and was accessible, so further police investigation was not required at that procedural stage. The order is available on Indian Kanoon; The Indian Express summarized the ruling on 22 August 2025.

Delhi High Court: 10 September 2025

The High Court dismissed Sachdeva’s challenge to the sessions court’s decision. It left examination of the complaint to the trial court and said police assistance could be considered later if warranted. The High Court’s order addressed whether an FIR investigation should be directed at that point; it did not determine the ultimate merits of the allegations. Read the High Court order on Indian Kanoon.

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On the provision and case before it, the High Court said a person alleging the relevant offence must personally encounter the material and experience the alleged injury; a complaint cannot be made in a representative capacity for an entire community. The court also stated: “If, during the course of the trial, the petitioner is able to substantiate her allegations, the law will take its course, and appropriate action will be taken against the accused persons.”

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What is known about the case’s outcome?

The latest ruling established here is the High Court’s order dated 10 September 2025. It left the complaint for the trial court and did not decide whether an offence had occurred. The available account does not establish later proceedings, a final merits decision, or whether the paintings remained in police custody.

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