Legal and Practical Challenges for the Admissibility of Artificial Intelligence (AI) Evidence in Criminal Proceedings in Mainland Tanzania

Abstract

This article investigates the admissibility of artificial intelligence (AI) evidence in criminal proceedings within Mainland Tanzania. As AI technologies increasingly generate data that could be used in legal contexts, questions arise regarding the reliability, transparency, and potential biases inherent in AI-based evidence. The Tanzanian legal framework, including the Evidence Act and the Electronic Transactions Act, lacks explicit provisions for AI-generated evidence, which creates challenges for its integration into criminal cases. This paper explores current admissibility standards in Tanzania, analyzing how AI evidence could be evaluated for relevance and probative value under existing laws. By examining principles such as legal positivism and reliability theory, and drawing on international insights, the article proposes interpretative approaches to assess AI evidence’s validity and reliability in Tanzanian courts. Ultimately, this study seeks to provide insights and recommendations for Tanzanian legal professionals and policymakers, aiming to support the development of clear guidelines for the use of AI in the criminal justice system and ensure that technological advancements uphold procedural fairness and justice