Section 173, The Criminal Procedure Act, 2024

(1) The Court may, where it defers passing sentence on aconvicted person under section 172, call up the convicted person for sentence before the end of the period of deferment, if during that period the convicted person is convicted of another offence. (2) The Court may, where it defers passing sentence on a convicted person for an offence committed during the period of deferment, also, if this has not already been done, sentence the convicted person for the offence for which sentence was deferred: Provided that - (a) a Magistrate Court shall not exercise the power conferred under this subsection if the Court which deferred passing sentence was the High Court; (b) the High Court shall not pass a sentence - 90 91 Deferred sentences. Further powers of courts where sentence is deferred. (i) which could not have been passed by a Magistrate Court exercising that power; and (ii) if the Court which deferred passing sentence was the Magistrate Court. (3) The Court may where- (a) it has deferred passing sentence on a convicted person proposes to deal with him under section 172 - (i) on the date specified by the Court pursuant to subsection (2) of section 172; (ii) before the end of the period of deferment pursuant to subsection (1); (b) the convicted person does not appear on the date so specified; issue a summons for the appearance or a warrant for the arrest of the convicted person. (4) A Magistrate Court shall, in deferring the passing of sentence under section 172, be deemed to be exercising its powers of adjourning proceedings and accordingly its powers in relation to non-appearance of defendants and witnesses shall apply. (5) The power of a Court to deal with a convicted person whose sentence has been deferred includes the power to deal with him, in a way in which the Court that, deferred passing sentence could have dealt with him.