The meaning of retracted statement according section in criminal procedure Act in tanzania?

In the context of the Criminal Procedure Act in Tanzania, a retracted statement refers to a statement made by a witness or suspect during the course of a criminal investigation or trial that is later withdrawn or disavowed by the individual who made it. This can happen for a variety of reasons, such as coercion, intimidation, or a change of heart.

Under the Criminal Procedure Act, a retracted statement may still be admissible as evidence in court, but the judge or magistrate will consider the circumstances under which the statement was made and the reasons for its retraction when determining its reliability and weight. In some cases, a retracted statement may be deemed unreliable and given less weight in the overall assessment of the case.

It is important for the court to carefully consider the circumstances surrounding a retracted statement in order to ensure that justice is served and that the rights of the accused are protected.

Section 161 of the Criminal Procedure Act (Cap. 20)

Meaning of "retracted statement":

A "retracted statement" means a statement made by a witness which is:

- Contrary to the evidence given by the witness on a previous occasion;
- Made after having been duly cautioned;
- Made either in court or before a magistrate or other person having authority under this Act to take evidence;
- If the witness denies that the previous statement was made, proved by the production of the statement and by the evidence of the person before whom it was made.