What are the rules govern confession In Tanzania law??

In Tanzania, the rules governing confession are outlined in the Evidence Act, 1967. According to the Act, a confession made by an accused person is admissible in court if it is proven to be voluntary and not obtained by inducement, threat, or promise. The confession must be made in the presence of a magistrate or police officer of a certain rank, and the accused person must be informed of their right to remain silent and to consult with a lawyer.

Additionally, the confession must be recorded in writing and signed by the accused person, and a copy of the confession must be provided to the accused person or their legal representative. If the confession is found to be involuntary or obtained through coercion, it will not be admissible as evidence in court.

It is important to note that the rules governing confession in Tanzania are aimed at protecting the rights of the accused person and ensuring that any confession obtained is done so in a fair and lawful manner.

Rules Governing Confession in Tanzania Law

1. Voluntariness:

- Confessions must be made voluntarily without threats, coercion, or undue influence. (Section 25(3)(a), Evidence Act, 1967)

2. Presence of Independent Witness:

- Confessions made by a person other than the accused must be witnessed by an independent person. (Section 25(3)(b), Evidence Act, 1967)

3. Stating Time and Place:

- The time and place of the confession must be stated in the confession statement. (Section 25(3)(c), Evidence Act, 1967)

4. Recording of Confession:

- Confessions must be recorded verbatim by the receiving officer. (Section 25(4), Evidence Act, 1967)

5. Reading of Confession to Accused:

- The confession recorded by the receiving officer must be read to the accused in a language he understands. (Section 25(5), Evidence Act, 1967)

6. Signature by Accused:

- The accused must sign the confession statement after it is read to him. (Section 25(6), Evidence Act, 1967)

7. Proof of Voluntariness:

- The prosecution has the burden of proving that the confession was made voluntarily. (Section 25(3)(a), Evidence Act, 1967)

8. Presumption of Voluntariness:

- Confessions are presumed to be voluntary unless the contrary is proven. (Section 25(6), Evidence Act, 1967)

9. Admissibility in Court:

- Confessions that comply with the above rules are admissible in court as evidence against the accused. (Section 25(1), Evidence Act, 1967)

10. Exceptions to Exclusion of Confessions:

- Confessions made in the course of judicial proceedings or in accordance with any special law are not excluded from evidence. (Section 25(7), Evidence Act, 1967)

Note:

- These rules are subject to any changes or amendments made by subsequent legislation or case law.