On September 6, 1977 he was arrested at a police roadblock. He suffered a major head injury around September 6th while in police custody. On September 11, police loaded him into the back of a car and began the 740-mile drive to another prison. He died en route.
On October 7, 2003, South African Justice Ministry officials announced that the five policemen who were accused of killing Biko would not be prosecuted because of insufficient evidence.
They said a murder charge could not be supported partly because there were no witnesses to the killing.
Charges of culpable homicide and assault were also considered, but because the killing occurred in 1977, the time frame for prosecution had expired. 
References in the arts: