It is not necessary that the charge to the jury' should be reduced to writing before delivery, although it is usually desirable. It is essential however, that the "heads of charge" [Section 367 (5) of the Code] placed on the record should represent with absolute accuracy the substance of the charge and be such as to enable the High Court to determine whether the case was fairly and properly placed before the jury. The heads of charge should embody the decisions of the Judge under Section 298 of the Code and should contain explicit directions to jurors as to their duties under Section 299 of the Code. The decision of the Judge on questions of law should be fully stated in the record of "heads of charge". It should be borne in mind that jurors have no experience of the value of evidence and that they are unable to understand propositions which come naturally to an experienced Judge. The charge to the jury should, therefore, be in the most simple and intelligible language. If the charge to the jury is not reduced to writing before delivery it must be taken down by a stenographer.
