Judicial Approaches To The Admissibility Of Digital Evidence In Mainland Tanzania: Lessons From Indian Criminal Jurisprudence
Donatus Nicholas Nditi, Law Lecturer, University of Iringa, Iringa, Tanzania.
Genoveva Asiimwe Byemelwa, Senior Resident Magistrate, Kagera, Tanzania.
ABSTRACT
Increment in digitization of social, commercial, and criminal activities has transformed the nature of evidence presented before courts. Digital evidence, including electronic communications, computer-generated records, mobile phone data, and digital forensic materials, has become central to modern criminal investigations and prosecutions. However, its admissibility raises complex questions concerning authenticity, reliability, integrity, and procedural safeguards. This article examines judicial approaches to the admissibility of digital evidence in Mainland Tanzania through a doctrinal analysis of statutory provisions, judicial decisions, and comparative jurisprudence from India. It argues that although Tanzania has introduced legislative mechanisms recognizing electronic evidence, judicial engagement with questions of authentication, chain of custody, and technological reliability remains underdeveloped. The article employs a qualitative legal research methodology, analyzing primary legal sources including the Evidence Act, Cybercrimes Act, and reported judicial decisions, alongside Indian jurisprudence under the Indian Evidence Act 1872, particularly section 65B. The article demonstrates that Indian courts have developed more structured principles for admitting electronic records, especially through judicial clarification of certification, authenticity, and reliability requirements. It concludes that Tanzanian courts should develop a clearer jurisprudential framework capable of balancing technological advancement with fair trial guarantees.
Keywords: Digital evidence; electronic records; admissibility; criminal litigation; Tanzania; India; evidence law.
