Both statutes require a physical assault to have occurred, and the relationships are the same for both laws. This man could be prosecuted for corporal injury to a spouse as he physically struck his wife and the attack caused a traumatic condition.It is important to note that you do not need to touch someone for it to be assaulted physically. If you were a victim of assault and battery, call our San Jose personal injury attorneys at our office. Serving Fremont, Milpitas, and Santa Clara, CA. California Penal Code 240 defines assault as an incident when someone intentionally attempts to cause another person harm. In other words, assault is an attempt to commit a battery, but not actually committing the battery. Section 354, IPC deals with the offence of molestation i.e. Assault to woman with intent to outrage her modesty. Sec 351 of Indian Penal Code enumerates assault.